GDPR Guide from the Information Commissioners Office.
10 Jan 2018
There's a lot of information out there on GDPR, but what do you need to know?
If you are part of an SME, you've probably been invited to an infinite number of free workshops and seminars.
However if you are looking for impartial information on what you need to know as an SME and how to protect your business, the Information Commissioners Office has you covered.
Data Protection law is changing 25th May 2018.
Who does the GDPR apply to?
- The GDPR applies to ‘controllers’ and ‘processors’.
- A controller determines the purposes and means of processing personal data.
- A processor is responsible for processing personal data on behalf of a controller.
- If you are a processor, the GDPR places specific legal obligations on you; for example, you are required to maintain records of personal data and processing activities. You will have legal liability if you are responsible for a breach.
- However, if you are a controller, you are not relieved of your obligations where a processor is involved – the GDPR places further obligations on you to ensure your contracts with processors comply with the GDPR.
- The GDPR applies to processing carried out by organisations operating within the EU. It also applies to organisations outside the EU that offer goods or services to individuals in the EU.
- The GDPR does not apply to certain activities including processing covered by the Law Enforcement Directive, processing for national security purposes and processing carried out by individuals purely for personal/household activities.
What information does the GDPR apply to?
- Personal data
The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.
This definition provides for a wide range of personal identifiers to constitute personal data, including name, identification number, location data or online identifier, reflecting changes in technology and the way organisations collect information about people.
The GDPR applies to both automated personal data and to manual filing systems where personal data are accessible according to specific criteria. This could include chronologically ordered sets of manual records containing personal data.
Personal data that has been pseudonymised – eg key-coded – can fall within the scope of the GDPR depending on how difficult it is to attribute the pseudonym to a particular individual.
- Sensitive personal data
The GDPR refers to sensitive personal data as “special categories of personal data” (see Article 9).
The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual.
Personal data relating to criminal convictions and offences are not included, but similar extra safeguards apply to its processing (see Article 10).
Once you have an overview of what you need to consider when preparing for GDPR, start on the ICO checklist for:
The ICO has also provided guides and checklists for specific industries, such as
Data Sharing and subject access
Registration with the ICO
If you still need further support then call the ICO direct on 0303 123 1113 and select option 4 to speak to someone who can help.