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18-01 Event GDPR

GDPR Workshop - London



The right to privacy is a highly developed area of law in Europe. All the member states of the European Union (EU) are also signatories of the European Convention on Human Rights (ECHR). Article 8 of the ECHR provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions. The European Court of Human Rights has given this article a very broad interpretation in its jurisprudence.

In 1980, in an effort to create a comprehensive data protection system throughout Europe, the Organization for Economic Cooperation and Development (OECD) issued its "Recommendations of the Council Concerning Guidelines Governing the Protection of Privacy and Trans-Border Flows of Personal Data". The seven principles governing the OECD’s recommendations for protection of personal data were:

Notice—data subjects should be given notice when their data is being collected;
Purpose—data should only be used for the purpose stated and not for any other purposes;
Consent—data should not be disclosed without the data subject’s consent;
Security—collected data should be kept secure from any potential abuses;
Disclosure—data subjects should be informed as to who is collecting their data;
Access—data subjects should be allowed to access their data and make corrections to any inaccurate data# Accountability—data subjects should have a method available to them to hold data collectors accountable for not following the above principles.
The OECD Guidelines, however, were nonbinding, and data privacy laws still varied widely across Europe. The United States, meanwhile, while endorsing the OECD's recommendations, did nothing to implement them within the United States. However, all seven principles were incorporated into the EU Directive.[3]

In 1981 the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data was negotiated within the Council of Europe. This convention obliges the signatories to enact legislation concerning the automatic processing of personal data, which many duly did.

The European Commission realised that diverging data protection legislation amongst EU member states impeded the free flow of data within the EU and accordingly proposed the Data Protection Directive.


Personal data are defined as "any information relating to an identified or identifiable natural person ("data subject"); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;" (art. 2 a).

This definition is meant to be very broad. Data are "personal data" when someone is able to link the information to a person, even if the person holding the data cannot make this link. Some examples of "personal data" are: address, credit card number, bank statements, criminal record, etc.

The notion processing means "any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;" (art. 2 b).

The responsibility for compliance rests on the shoulders of the "controller", meaning the natural or artificial person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data; (art. 2 d)

The data protection rules are applicable not only when the controller is established within the EU, but whenever the controller uses equipment situated within the EU in order to process data. (art. 4) Controllers from outside the EU, processing data in the EU, will have to follow data protection regulation. In principle, any online business trading with EU residents would process some personal data and would be using equipment in the EU to process the data (i.e. the customer's computer). As a consequence, the website operator would have to comply with the European data protection rules. The directive was written before the breakthrough of the Internet, and to date there is little jurisprudence on this subject.


Who Should Attend

primarily aimed at professionals working across public and private sectors...

IT, Risk, Security, Governance and Compliance roles 
Marketing Professionals and Project Managers.
Administration, Legal and Clerical roles involved in GDPR activities
anyone interested in understanding GDPR, its effects and how to implement changes in your organisation


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Cross-border data transfers

With any international data transfers, including intra-group transfers, it will be important to ensure that you have a legitimate basis for transferring personal data to jurisdictions that are not recognised as having adequate data protection regulation. This is not a new concern, but as failure to comply could attract a fine of up to the greater of EUR20m and 4% of annual worldwide turnover, the consequences of non-compliance could be severe. You may want to consider adopting binding corporate rules to facilitate intra-group transfers of data

Processor obligations

The GDPR imposes some direct obligations on processors which you will need to understand and build into your policies, procedures and contracts. You are also likely to find that your customers will wish to ensure that your services are compatible with the enhanced requirements of the Regulation. Consider whether your contractual documentation is adequate and, for existing contracts, check who bears the cost of making changes to the services as a result of the changes in laws or regulations. If you obtain data processing services from a third party, it is very important to determine and document your respective responsibilities.

Data subject rights

Be prepared for data subjects to exercise their rights under the GDPR such as the right to data portability and the right to erasure. If you store personal data, consider the legitimate grounds for its retention – it will be your burden of proof to demonstrate that your legitimate grounds override the interests of the data subjects. You may also face individuals who have unrealistic expectations of their rights

Privacy Notices and Policies

The GDPR requires that information provided should be in clear and plain language. Your policies should be transparent and easily accessible.

Legal Basis of Personal Data Use

Consider what data processing you undertake. Do you rely on data subject consent for example, or can you show that you have a legitimate interest in processing that data that is not overridden by the interests of the data subject? Companies often assume that they need to obtain the consent of data subjects to process their data. However, consent is just one of a number of different ways of legitimising processing activity and may not be the best (eg it can be withdrawn). If you do rely on obtaining consent, review whether your documents and forms of consent are adequate and check that consents are freely given, specific and informed. You will bear the burden of proof.

Embrace Privacy by Design

Ensure that privacy is embedded into any new processing or product that is deployed. This needs to be thought about early in the process to enable a structured assessment and systematic validation. Implementing privacy by design can both demonstrate compliance and create competitive advantage.

Accountability Framework

Appoint a data protection officer, if required. Ensure that you have clear policies in place to prove that you meet the required standards. Establish a culture of monitoring, reviewing and assessing your data processing procedures, aiming to minimise data processing and retention of data, and building in safeguards. Check that your staff are trained to understand their obligations. Auditable privacy impact assessments will also need to be conducted to review any risky processing activities and steps taken to address specific concerns.

Security Breach Readiness

Put in place clear policies and well-practised procedures to ensure that you can react quickly to any data breach and notify in time where required.

Data Protection and Information Technologies

Advances in technology have enabled organisations to process more and more personal data, and to share information more easily. This has obvious benefits if they are collecting and sharing personal data in accordance with the data protection principles

European Data Protection Framework

Detailed summary and understanding of applicability of the European Data Protection Framework in the national context

Privacy Fundamentals

What is Privacy?; Privacy: A Fundamental Right? Or Something Else?; Why is Privacy Important?; Anonymity and Pseudonymity; Privacy and Culture; Security and Privacy

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