June 2021 GDPR Best Practises. â•šâ•All you need to know to be compliant!
Mariano Olivera
AI. Cybersecurity. Amazon Web Services cloud. Data center facilities management. Energy builds. IT law compliance. Software engineering. US-DoD Technology Suppliers. Bitcoin. Real Estate. M&A.
╬ Ahead of the European Commission’s June 2021 evaluation report on the application and functioning of the General Data Protection Regulation (GDPR), #CentsMagazine seeks to provide guidance on the central elements of the GDPR that were a success alongside recommendations for how the GDPR can be improved.
â– The GDPR's effect can't be downplayed as its adoption was an unmistakable worldwide achievement for information assurance and security rules. It gave redesigned rights to customers as well as pointed toward blending the standards across Europe.
In any case, regardless of Member States' endeavors to guarantee a predictable use of the law, fracture remains, eventually repudiating the harmonization point of the Regulation.
In this white article, I wanted to expound on key components of the GDPR, but instead, I will just post the arriving to the main following resolutions, to keep it simple, to the point, and of value:
â– More organized usage across the Member States is required to make a genuinely fit lawful system.
→ I believe in the GDPR as a robust-legal mechanism, to fit for purpose in facing the challenges of the future, such as the widespread rollout of AI. However, it is essential that the GDPR is fully implemented across the EU and that the Member States' derogations are minimized, including DPA (Data Protection Act 1998 (UK)) cooperation and coordination.
â– The consistency component should be invigorated to ensure a sound method to manage GDPR approval across Europe, reinforcing the one-stop-shop (OSS).
→ As I mentioned, the significance of harmonization and the GDPR's consistency instrument can't be downplayed, as the inability to act reliably incites legitimate vulnerabilities for business with cross-border (cross-European) processing activities just as a possible fracture of goods and services offerings across EU markets.
A vital driver of the European data protection reform has been the aim to orchestrate the guidelines across the EU by making a uniformed information security law.
Take into account that beforehand, Directive 95/46/EC had been executed in different ways in the Member States, causing discontinuity, fragmentation & legal batches and breaches. The GDPR's chief reason, therefore, was to evade an interwoven of 28 data protection laws with various translation interpretations and enforcement regimes.
â– The European Data Protection Board (EDPB) should continue to collaborate with industry and other stakeholders in producing essential guidance.
→ The European Commission, or DPAs as a team with the Commission, should refresh and give new SDPCs. The new Standard Data Protection Clauses (SDPCs) ought to be worked with a measured-modular methodology, which will make them appropriate for various situations. New SDPCs ought to be appropriate for not just regulator-to-regulator moves or regulator-to-processor moves, yet additionally for moves among-processors and from EEA (European-Economic-Area) processors to non-EEA processors.
An example model could be a cloud supplier that measures information for the benefit of its client & could be provided by www.techliberate.com - On the off chance that the client likewise offers processor administrations, for instance to its subsidiary organizations, processor-to-processor SDPCs would be valued, like the methodology taken by the European Data Protection Board (EDPB).
A 'pre-populated' Appendix 2, setting out the minimum base principles or direction on adequate-sufficient technical-specialized and authoritative-organizational measures would be helpful, more useful, and easier to execute. As it would also be easier to execute to ensure less complex adoption, by providing more flexibility for SMEs - so our recommendation from #CentsMagazine is, again, that the published formats are easier to execute.
And finally:
â– For the GDPR to be even more successful, it must be interpreted to suit modern-day developments, most notably the complexities brought about by emerging technologies such as artificial intelligence (AI) and blockchain.
→ For the GDPR to be genuinely successful, it should be deciphered to suit advanced turns of events, most eminently the intricacies achieved by arising advances like artificial intelligence (AI) and blockchain, the 2 main disruptors. Remember Elon saying AI is far more dangerous than nukes when asking people to "mark his words"? - We need to take regulation on AI to the next levels, at a faster, more efficient pace.
For instance, a key data subject right is the right to erasure, correct?
So... Data subjects can request an organization that processes their personal data to erase such data, without undue delay. But the blockchain would make this privilege practically unimaginable for not saying impossible, as the input of data that is then transferred into a blockchain algorithm, that is incorruptible, morally sound, and can't be altered. Hence, the right to erasure renders blockchain innovation itself quiet & almost mute!
Although in numerous regards the #GDPR accomplished this objective, there still are a few holes that should be tended to forestall further fracture in the EU - at least in that's my #02cents from #CentsMagazine :)
Now you know better!
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Is your company ready to comply in June 2021? Do you have any doubts?
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Until the next one,
Admin M.
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