GDPR
General Data Protection Regulation
The new general data protection regulation (GDPR) or General Data Protection Regulation- GDPR (in English) comes into force on May 25, 2018 and integrates the new European Union legislation that applies to all 28 Member States and any country that sells products or services within the EU. The GDPR aims to certify that the right of citizens to the protection of personal data remains effective in the digital age. Essentially, it seeks to bring greater control to people over their personal data and build greater confidence in the use of their data by brands.
As it is an EU law, not a directive, the GDPR has a mandatory character and binding legal power, and will be regulated in Portugal by the National Data Protection Commission (CNPD).
Main GDPR reforms
Right to “be forgotten”:
When an individual no longer wants their information to be processed, and if there are no legitimate reasons for withholding it, the information will be deleted. It is about protecting the privacy of individuals, not erasing past events or restricting freedom to the press. In ecommerce, it will be necessary to make it easy for the user to remove the consent to the processing of their data or to delete their account.
Easy access to personal data:
Individuals will have more information about how their data is processed, which must be clearly understandable and accessible. In ecommerce businesses, this means reviewing the terms and conditions, making them as clear and straightforward as possible. In addition, the new right to data portability will make the transmission of personal data between service providers easier. With data portability, citizens can now demand data from a company in a format that will allow them to migrate to another company.
Right to know when personal data has been hacked:
Companies are required to notify the national supervisory authority when there is a data breach that puts individuals at risk (within 72 hours). They must also communicate to affected individuals so that they can take appropriate action.
Conclusion
Remember that, due to the new right to “be forgotten”, the user must be able to easily withdraw any consent that he has previously given or even delete his account and personal data.
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