MODIFICATION AND SCOPE
These measures are not really new, but the Regulation came into force in May 2016, with two years for companies and individuals to have time to adapt. The purpose, ultimately, is a better control in the management of personal data.
What is the scope of application? This Data Protection Regulation affects any company or entity that offers its products or services to a user within the European Union. The affected data are those of European citizens, but data management can be done outside European territory, and also in this case this Regulation is applied.
Throughout these years, many actions have been carried out to improve the Data Protection Law in the European Union, in addition to devoting more technical personnel to the investigation of digital traffic. There have also been programs to educate citizens in their interaction with the Internet and social networks.
The new General Regulation for data protection will come into force as of May 2018. Next, we will review the most interesting new measures.
THE RIGHT TO FORGET
Throughout the course and leadership of Google in the network, there are many cases in which users and affected have requested the removal of recorded data in the most powerful search engine, or else news that was harmful.
From now on, special care must be taken that, unless authorized by the owner of the data, any database containing names, emails, addresses, etc., should not be easily accessible to any user. And this with the exception of the provision of some services, such as sale or rent.
THE NEED FOR EXPLICIT CONSENT
With these developments, from May it is necessary that the request for personal data involves and make clear the intention of what is going to be done with said data.
The owner of the data can request that the communications be sent to him in a file, tool or application format, which he can easily use, and thereby control said data management.
IMPORTANT BENEFITS OF THE MEASURES
The advantages of the new RGPD are clear. First, because all users will have a better understanding of what they are signing. Among other things, because companies have an obligation, from now on, that the data reach the user clearly, with simple language.
Another very important advance, as we have seen, is that the company has the obligation to request the consent of the user in certain cases, in order that no precipitate or interested conclusions can be drawn from the user's silence or inaction.
Although important steps have been taken in terms of citizen security, in all affected sectors it is affirmed that it is necessary to continue advancing in digital protection. Every day new legal needs arise, derived from the advancement of new technologies and the digitalization of the company's actions.
Writings SF Lawyers