The Data Protection Act 2018 was enacted on 24 May 2018, just in time for the coming into effect of the General Data Protection Regulation on 25 May 2018.
The Act gives further effect to the GDPR in the limited number of areas in which Member State flexibility is permitted. Notwithstanding the enactment of the Data Protection Act 2018, the GDPR remains the primary piece of legislation governing data protection in the EU.
Questions? / Read our FAQs
The General Data Protection Regulation (GDPR) is a new EU law that comes into effect across all EU Member States, including Ireland, on 25 May 2018. The GDPR protects the privacy rights of individuals and places further requirements on organisations, whether they are in the public, private or voluntary sector, to safeguard individuals’ personal data that they collect, use and store. The GDPR reforms EU rules on data protection. Many existing regulatory concepts on data protection will be retained, but there will be significant changes under the GDPR that require consideration and advance preparation by employers.
Processing of personal data can cover the many different uses of that personal data (in either electronic or a physical format), including: collecting, recording, storing, adapting, using, disclosing and deleting data. Therefore, an employer is ‘processing’ personal data, if it stores, or uses in any way the personal data of employees whether electronically or in hardcopy.
People with a conflict of interest cannot act as a DPO, for example a HR manger, IT manager or Marketing manager. Examples of people who have become DPOs are Head of Risk, Head of Compliance or Legal Counsel. Further information is available in the Article 29 Working Party guidance. The role of DPO can be subcontracted on the basis of a service contract to an individual or organisation. Where the role is subcontracted to an organisation, it is recommended that the contract include a clear allocation of tasks and that a single individual is assigned as the person “in charge”. For more FAQs on GDPR click here.
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