If you are still confused whether you process EU personal data. Please check the list below:
- Your company has offices, representative offices or branches in the EU;
- The site is written in one of the languages that is native in one of the EU countries. Now we are talking not about English, which is recognized as international, but about such languages as Italian, Dutch, Swedish, etc .;
- Feedback with technical support is written in the language of one of the countries of the European Union;
- There are service centers in Europe;
- There are points of issue in one or several countries of the European Union, or the company’s website indicates that you are delivering products to the EU;
- Local media writes about the company's services, or advertises your services in Europe;
- User actions are monitored. For example, through a mobile application.
Sometimes it is still difficult to comprehend whether your services directed to the EU. In this case, you are not alone. Legal Kornet has a wide net of partners in the EU to resolve any issues based on an approach for risk assessment as GDPR.
What is the meaning for GRPR rules specifically for me?
GDPR regulation has no boundaries and applies to any company in the world that qualifies under two above mentioned prongs.
Are you still confused? Search for yourself below, please:
- Hotels;
- Avia and other transport companies;
- Travel Agencies;
- Online stores;
- Online aggregators;
- Mobile Operators;
- Online game developers;
- Educational institutions;
- And other business areas operating data of European.
Why does Legal Kornet recommend to comply with GDPR rules and laws?
European legislator realized that legal rules tend to be obviated that's why he imposed huge fines for ignoring prescriptions of GDPR law. For example, if you do not have simply privacy policy or do not possess legal grounds for processing personal data, you can be fined for up to 50 million dollars.
It's the myth that GDPR fines has no jurisdiction over any other jurisdiction. In civilized countries all the commercial courts are follow the rules of mutual respect and recognition for foreign courts's decision.
Besides, GDPR law is not only dangerous for its huge fines. The act introduces definition of a controller and processor. Controller is a man who defines the manner, form and way of data processing. While processor is a man who only gets instructions from the controller on processing the data.
In this regard, GDPR rules instruct to conclude a contract between these two participants where processor must take all necessary measures in accordance with the GDPR to protect the rights of data subjects. Hence, if your partner is located in the EU, you will have no choice but follow GDPR law. On the other hand, it is simply listing you in a black list of companies that ignores the EU personal data (GDPR) rules. That's why, Legal Kornet has seen and prepared many contract.
GDPR is a challenge to the whole world. But we can do it together. When GDPR was enacted, we have worked for many companies and prepared such important documents as Privacy Policy, employee policy, legitimate interest test.
What Legal Kornet can do for GDPR compliance?
You must understand that it is not possible GDPR rules to be fully compliant. They give you possibility tol decide by yourself whether you undertook all necessary measures as provided by GDPR so as instructed by the local law of the jurisdiction. If you realized it and ready to work based only on the law and common sense, we would go through the following steps.
- Analyze data processing operations in your company;
- Develop internal regulations that determine the company's policy in the field of personal data processing, Train the personnel and conduct checks on data processing activities, create documentation on processing processes;
- Audit the subject of legal grounds for processing the personal data;
- Analyze the procedure for the implementation of cross-border data transmission;
- Develop internal documents to respond to requests from European regulators;
- Document internal data processing processes;
- Appointment a data protection officer (DPO);
You have to remember that GDPR is not only about legal. There are plenty of technical work that Legal Kornet can take with its professionals.
If you think that it is an easy process, you need just to have a look at this "Legitimate Interest Test", that we prepared for one of our client:
