29th June 2017
The Queen gave her speech to Parliament on 21 June 2017 without the usual crown on her head, but wearing a hat in the style of the EU flag. Amongst many Brexit-related bills and a few non-Brexit-related bills over a two year parliamentary session, the Queen announced a new Data Protection Bill to sit alongside the General Data Protection Regulation (“GDPR”) which will come into force on 25 May 2018.
The Bill will both deal with issues outside of the GDPR whilst we remain in the EU and “maintain our ability to share data with other EU member states and internationally after we leave the EU”. It will wholly replace the Data Protection Act 1998 and, amongst other things, formally introduce “a right to be forgotten when individuals no longer want their data to be processed, provided that there are no legitimate grounds for retaining it”.
When the GDPR comes into force, here are some of the changes applicable to employers:
With less than a year left before the GDPR takes effect, all organisations should be well down the line of considering how they may need to changes their practices, procedures and documentation in order to comply with it. This will involve conducting a detailed audit of all data processed, much of which will occur in their capacity as employer.
With potential fines of up to €20 million or 4% of global annual turnover (whichever is higher) in the event of default (not to mention damage to your corporate reputation), we’ll look at what employers should be doing now to prepare for the GDPR in our next bulletin. But in the meantime, you should start considering:
The contents of this update are intended as guidance for readers. It can be no substitute for specific advice. Consequently we cannot accept responsibility for this information, errors or matters affected by subsequent changes in the law, or the content of any website referred to in this update. © Mundays LLP 2017.
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