GDPR Breakfast Event – Key takeaways

GDPR Breakfast Event – Key takeaways

The session was chaired by Data Protection specialists Vanessa de Froberville and Jocelyn Paulley of the international law firm Gowling WLG, in association with LexisNexis, C&I London and Douglas Scott.

The emphasis of the event was more than just an overview of the new regulations; it also facilitated practical discussions so that delegates could share opinion on the impact of the impending implementation including the much-debated topic of who in a company should bear responsibility for compliance and how in-house lawyers can engage the leaders of their business.

 

Overview

Vanessa and Jocelyn gave a detailed overview of the new GDPR which is timetabled for implementation from May 2018, covering the reach of the new regulations, what is in, what is out and what has been beefed up. The Gowling WLG slides can be viewed as a PDF here but in summary:

  • There are 2 fundamental changes – the imposition of direct data controlling obligations on processors as well as controllers and there is new territorial scope, particularly where activities take place outside the EEA but using data collected within the EEA.
  • The core principles are broadly similar to the principles set out in the Data Protection Act 1998.
  • At the heart of the regulations is accountability, organisations are required to show how they are complying with the principles by maintaining relevant documentation on processing activities, putting in place policies and training and where appropriate appointing a Data Protection Officer.
  • There is no template of what a privacy notice looks like but there is an emphasis on ensuring that the mechanism by which consent is obtained is concise, transparent, easily accessible, and written in clear and plain language. Silence or pre-ticked boxes will not establish consent.

What’s new

  • Right to be forgotten/right to erasure – where requested, individuals’ data

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About the author:
Sophie Gould is the Head of Lexis®PSL In-house. Sophie worked as an in-house lawyer for 10 years including seven years as Head of Legal for Virgin Radio and Ginger Media Group. She has also run a legal risk and compliance training business.

 

Since joining LexisNexis in 2009 Sophie has worked on developing our legal and business content for the in-house legal community.  She also runs various networking and mentoring groups for in-house lawyers and works with schools to promote social mobility within the legal profession.