Cyprus: GDPR – Key Aspects Of The General Data Protection Regulation

What should you remember with regard to GDPR to avoid negative implications for your business?

In May 2018 the European Union will pass the up-to-date rules for personal data processing implemented by the General Data Protection Regulation (ЕС 2016/67 of 27 April, 2016) ("GDPR"). The above Regulation, which comes into direct effect in all 28 countries of the EU, will replace  Directive 95/46/EC. GDPR was adopted on 27 April, 2016, but it will come into effect after a two year transition period – on 25 May, 2018. Unlike a directive, GDPR does not require national governments to embody its provisions into the national legislation of Member States as it is binding and directly applicable.

In our previous article ( GDPR: What do you need to know) we considered some important questions, particularly to which entities GDPR shall apply, what personal data under GDPR includes, which key changes have been implemented with adoption of GDPR, including some new rights of users, what are the penalties for not complying with the Regulation, etc. The necessary information may be found here insert the link to the previous article. In this article we are continuing to consider key aspects of GDPR and give you valuable tips with respect to compliance with the new Regulation so as avoid any negative effects for your business.

What are the main principles implemented by the General Data Protection Regulation?

The general approach to the processing of personal data is embodied in 6 core principles listed below:

  1. Legitimacy, fairness and transparency. Personal data shall be processed based on these principles. Any information of purposes, means and scope of processing the personal data shall be stated in a simple and clear way.
  2. Limitation of purpose. The personal data shall be collected and used exclusively for those purposes which were declared by the company (online service) in the process of data collection.
  3. Minimization of personal data. Personal data may not be collected in a greater scope than it is required for the purposes of processing of personal data.
  4. That personal data which is inaccurate will be erased or corrected (upon request of the owner).
  5. Limitation of storage. Personal data will be stored in a form which enables the identification of the data's subject for a term not longer than it is required for the purposes of processing personal data.
  6. Entirety and confidentiality. While processing the personal data of users, companies are required to secure the protection of the personal data from unauthorized or unlawful processing, storage or usage.

Which processing of the personal data will be regarded as lawful

The processing of personal data will be considered lawful where:

  • The data subject gives its consent for one or more particular purposes;
  • Processing is required for the performance of a contract to which the subject data is a party, or in order to take steps at the request of the data subject prior to entering into a contract;
  • The processing is required for compliance with the legal obligation of the controller;
  • The processing is required for completion of particular tasks and will be carried out for the benefit of the public interest or for exercising the controller's functions;
  • The processing is required for other lawful purposes.

Who are the controller and processor of personal data under GDPR (Art. 4 (7) and (8))?

The "controller" is the individual or legal entity, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of processing of personal data. The controller uses the personal data for the attainment of particular business objectives.

The "processor" is the individual or legal entity, public authority, agency or other body which processes personal data on behalf of the controller. This definition includes auxiliary services such as Google, Amazon, Fabric, HockeyApp and others, like outsourcing companies.

How can you make sure that your company complies with GDPR and avoid any negative effects for your business?

Below you may find some useful tips for your company on how to comply with GDPR:

  • Apply only the "consent" concept. Such consent shall be expressed by a customer (user) as a direct confirmation by making an active choice. The consent will not be recognised as appropriate where a customer was unable to make an active choice or to revoke consent (for instance, the "unsubscribe" option will be available) or if such consent has a form of implied consent or inactivity. An option to give or revoke consent must be easily found on the website of the provider of the goods or services.
  • Consider whether you really need all the data collected through your company's website. It is highly recommended that you minimize the scope of personal data which you collect, store and process.
  • After making payment do not store the personal data of your customers. It is advised that all internal processes of the website are rearranged in order to secure the deletion of all personal data which is no longer required. This is also the case for "unsubscribers" – it is advisable to delete their personal data as soon as they express the intention to not use the goods and services or no longer receive information.
  • Do not keep track of the behavior of your users. Such monitoring includes "tracking" their "behavior" on the Internet for all purposes (for instance, in order to complete "social portraits" so as to study and forecast their consumer choices). With GDPR taking effect, such activities are subject to the express and clear consent of customers, otherwise it will be regarded as unlawful.
  • Identify to your clients any transfer by you of their personal data to third parties. Such identification must be clear and detailed and the option for a customer to give or deny consent will be made available in this case.
  • Consider the possibility of avoiding data loss or disclosure using end-to-end ciphering. Based on the said method the data may be deciphered only on the device of the client by using clients' keys. This method is quite expensive though it is effective. In addition, you may use alternative cheaper methods.
  • Ask your clients to provide their consent in parts. Separate the form of consent in your website for different purposes. For instance, consent for advertisements, consent for the processing of personal data and the consent to keep track of the behavior of clients will be obtained through three different steps by three separate sections in the form of consent.

Will GDPR be applied to Facebook and its customers?

Yes, GDPR will obviously be applied to Facebook and to connected relations. Facebook announced that all the companies which place advertisements through Facebook may continue using the platforms and solutions of Facebook in the same way as they do so at the present time. However, every such company is required to meet the requirements of GDPR. Although Facebook generally operates its services as a controller, in some cases when cooperating with companies and other third parties it may act as a processor of personal data. In this case Facebook processes data on behalf of your company, and your company will have legal grounds for such processing and the transfer of data to Facebook (e.g. Workplace from Facebook; measurement of effectiveness and coverage of your advertising campaigns and provision of traffic statistics and reporting to your company). In addition, Facebook has developed its own instruments to secure and protect the personal data of its users.

Please take into account that the above-mentioned information serves exclusively as a general overview of European data protection legal requirements implemented by GDPR 2018.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
Antoniou McCollum & Co. LLC
AGP Law Firm | A.G. Paphitis & Co. LLC
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Practice Guides
by Mondaq Advice Centres
Relevancy Powered by MondaqAI
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Antoniou McCollum & Co. LLC
AGP Law Firm | A.G. Paphitis & Co. LLC
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions