Under GDPR organizations in breach of GDPR can be fined up to 4% of annual global turnover or Ã¢‚¬20 Million (whichever is greater).
This is the maximum fine that can be imposed for the most serious infringements e.g.not having sufficient customer consent to process data or violating the core of Privacy by Design concepts.
There is a tiered approach to fines e.g. a company can be fined 2% for not having their records in order (article 28), not notifying the supervising authority and data subject about a breach or
not conducting impact assessment.
It is important to note that these rules apply to both controllers and processors — meaning ‘clouds’ will not be exempt from GDPR enforcement.
Processing personal data is generally forbidden if it is not expressly allowed by law, or the impacted persons have not consented to processing these data. The consent of those whose personal data is collected, processed and/or used puts the persons in the position to be able to dispose of their personal rights.
The basic necessities for the effectiveness of valid legal consent ar outlined in art. seven of the GDPR and fixed more in recital thirty two. This should be voluntarily granted for a concrete case when adequate info is provided to the person concerned and should be clearly communicated. The person concerned should be a real selection for the consent to be voluntary.
For more information on how to be sure you are in comliance wit the new law, visit [dcl=6202]