What Is the GDPR?
The EU’s General Data Protection Regulation will take effect on May 25 and create new rules around how users consent to provide their data online and how that data is stored.
Data collection for European users, for example will require frequent and explicit consent (“opt-in”), which can be withdrawn at any time “without detriment.” Consumers have been granted a new right to take with them data deemed personal, with the costs borne by the entity that collected it. Security breaches, broadly defined, must be immediately disclosed, even if the entity is unaware the breach has occurred.
The new rules also include an extended version of the so-called right to be forgotten (or “right to erasure,” as it’s now being called). The person to whom any information refers can demand removal of that data under a variety of conditions, including that the subject “objects” to further processing. It’s possible this could lead to even more search results and news stories reporting true facts being effectively unwritten when they disappear from search and other platforms.
Europe’s expanded privacy regime has already been the subject of a great deal of criticism, including from privacy advocates. GDPR’s definitions are broad and vague (personal data means “any information relating to an individual, whether it relates to his or her private, professional or public life”); its penalties are astronomic (€20 million or 4% of annual revenue, whichever is greater, for violations of most provisions). Data collectors can be held responsible for violations by third-party users.
Though the new law was intended to unify and simplify European data practices, moreover, the minimum cost of compliance for anyone doing business with any EU resident is estimated by one survey at $1 million just for changes to IT systems, not to mention the costs of a newly designated data protection officer.
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