Short Reads

Countdown 3 weeks until GDPR : How are controllers and processors required to demonstrate its compliance with the GDPR and to whom?

Stibbe - How are controllers and processors required to demonstrate

Countdown 3 weeks until GDPR : How are controllers and processors required to demonstrate its compliance with the GDPR and to whom?

03.05.2018 EU law

Only 3 more weeks to go before the GDPR becomes fully effective. Preparing your company for the application of this new regulation requires a correct understanding of its principles. Each week, we highlight one particular misconception regarding the interpretation of the GDPR.

How are controllers and processors required to demonstrate its compliance with the GDPR and to whom?

Data controllers are required to demonstrate to the supervisory independent public authorities of the EU Member States that they comply with the GDPR. These authorities have investigative powers to verify the lawfulness of the data processing activities performed.

Such verifications are relevant because data controllers and processors are responsible (“principle of accountability”) for implementing - both at the time the means used for processing are determined and at the time of the processing itself - appropriate technical and organizational measures to ensure an effective level of protection of the processed personal data (known as “data protection by design and by default”).

The GDPR indicates various modalities that data controllers or processors can put in place for the purpose of demonstrating that their data processing is lawfully carried out. These include:

  • implementation of internal data protection policies;
  • adoption of codes of conduct approved by associations and other bodies representing categories of controllers or processors;
  • obtainment of data-protection certifications by certification bodies accredited by the supervisory independent public authorities of EU Member States;
  • compliance with guidelines issued by the European Data Protection Board; and/or
  • compliance with specific indications given by a data protection officer.

 

Stibbe, together with Chiomenti, Cuatrecasas, GIDE and Gleiss Lutz, have gathered this useful information, reflecting some common misconceptions about the implementation of the GDPR.

Team

Related news

14.10.2019 NL law
Kamerdebat over digitalisering van de overheid: aandacht voor bescherming burger vereist

Short Reads - Op 24 september 2019 zijn er vier moties in stemming gebracht én aangenomen door de Tweede Kamer. De moties hebben als gemeenschappelijke deler dat ze in het teken staan van de steeds groter wordende digitalisering bij de overheid. Het achterliggende doel van de moties is dat de burger voldoende beschermd moet worden tegen deze digitalisering.

Read more

02.10.2019 EU law
Seminar: Data protection implications of (a no-deal) Brexit

Seminar - On October 25th at 9.30 am, we organize a seminar where we will discus the implications of a (no-deal) Brexit on data protection.  These issues affect all businesses interacting between UK and EEA (including EU) and which send or receive data to and from UK. We will highlight the main challenges both in the case of a hard Brexit on 31 October 2019 and in other scenarios. We will also offer guidelines to help your organisation mitigate the respective risks.

Read more

27.09.2019 NL law
Stibbe is attending the IBA's annual conference in Seoul

Conference - The annual conference of the International Bar Association (IBA) is currently taking place in Seoul. There are fourteen partners from Stibbe attending the event. Several of them have speaking slots on a wide range of legal topics and will take part in various panel discussions.

Read more

28.08.2019 NL law
Masterclass: e-signature and electronic identifiers

Masterclass - Stibbe is organising a Masterclass on 26 September 2019 in Amsterdam on the subject of e-signature and electronic identifiers. This Masterclass will cover the legal framework and focus especially on the numerous possibilities for applying the various electronic signatures in different situations. In addition, we explain the regulations governing electronic identifiers, and the mandatory European recognition they receive.

Read more

Our website uses functional cookies for the functioning of the website and analytic cookies that enable us to generate aggregated visitor data. We also use other cookies, such as third party tracking cookies - please indicate whether you agree to the use of these other cookies:

Privacy – en cookieverklaring