As a regulation, does not generally require transposition into Irish law (regulations have ‘direct effect’), so organisations involved in data processing of any sort need to be aware the regulation addresses them directly in terms of the obligations it imposes. The GDPR emphasises transparency, security and accountability by data controllers and processors, while at the same time standardising and strengthening the right of European citizens to data privacy.
Raising awareness among organisations and the public of the new law will be a combined effort of the Data Protection Commission (DPC), the Government, practitioners, and industry and professional representative bodies. The DPC has been proactively undertaking a wide range of initiatives to build awareness of the GDPR, in particular providing guidance to help organisations prepare for the new law which is in force as of 25th May 2018.
The DPC is also an active participant in the European Data Protection Board (EDPB), which replaced the Article 29 Working Party (WP29). The EDPB comprises representatives from each EU member state’s supervisory authority. The role of the EDPB will be to ensure the consistency of the application of the GDPR throughout the European Union by issuing guidelines, opinions and decisions.
Guidance
The DPC has launched a GDPR-specific website www.GDPRandYou.ie with guidance to help individuals and organisations become more aware of their enhanced rights and responsibilities under the General Data Protection Regulation.
The DPC has also prepared an introductory document for organisations to help them as they transition to GDPR: “The GDPR and You”. This document lists 12 steps which organisations should take in order to be GDPR. It should be noted that the guide is not an exhaustive list and organisations should ensure that their preparations take account of all actions required to bring them into compliance with the new law.
For guidance on whether your organisation needs to appoint a Data Protection Officer, and how to ensure that your DPO is adequately resourced for the role, see the DPC’s Guidance on appropriate Qualifications for Data Protection Officers (GDPR).
Awareness Activities
Information about the DPC’s awareness raising activities and outreach engagements over the coming months can be found at GDPR Awareness Raising Activities.
On the 23rd January 2018 the Data Protection Commissioner’s office, in association with the Centre for Information Policy Leadership (CIPL) held a workshop for SMEs and Public Sector entities on “How Organisaitons cna deliver Accountability under GDPR. For further information on the event, please click here
EU Article 29 Working Party
- Article 29 Working Party Guidance on Data Portability:
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=611233 - Article 29 Working Party Guidance on Data Protection Officers:
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612048 - Article 29 Working Party Guidance on identifying the Lead Supervisory Authority:
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=611235 - Article 29 Working Party Guidance on Data Protection Impact Assessments (DPIA):
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=611236 - Article 29 Working Party Guidance on Personal Data Breach Notification:
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612052 - Article 29 Working Party Guidance on the Application and Setting of Administrative Fines:
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=611237 - Article 29 Working Party Guidance on Automated individual decision-making and Profiling:
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612053 - Article 29 Working Party Guidance on Adequacy Referential:
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=614108 - Article 29 Working Party Guidance on Binding Corporate Rules for Controllers:
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=614109 - Article 29 Working Party Guidance on Binding Corporate Rules for Processors:
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=614110 - Article 29 Working Party Guidance on Consent:
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=623051 - Article 29 Working Party Guidance on Transparency:
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227 - Article 29 Working Party DRAFT Guidance on Article 49 of the regulation (now closed for public consultation):
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=614232 - Article 29 Working Party DRAFT Guidance on the accreditation of certification bodies (now closed for public consultation):
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=614486 - Article 29 Working Party Position Paper on Article 30(5):
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=624045 - Article 29 Working Party Statement on Encryption:
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622229 - Article 29 Working Party Recommendation on the Approval of Controller Binding Corporate Rules form:
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=623850 - Article 29 Working Party Recommendation on the Approval of Processor Binding Corporate Rules form:
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=623848 - Opinion 4/2007 on the concept of personal data:
http://ec.europa.eu/justice/article-29/documentation/opinion-recommendation/files/2007/wp136_en.pdf
The Article 29 Working Party has issued guidelines in draft status on the following subjects:
- Article 29 Working Party DRAFT Guidance on Article 49 of the regulation (now closed for public consultation):
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=614232 - Article 29 Working Party DRAFT Guidance on the accreditation of certification bodies (now closed for public consultation):
http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=614486
In 2017 this Office initiated a consultation period to inform the Article 29 Working Party preparation of guidance on the interpretation and application of key provisions of the GDPR. This office accepted submissions from interested individuals and organisations on the following key concepts:
- Consent
- Profiling
- Personal data breach notifications
- Certification
For further information, see here.