GDPR stands for General Data Protection Regulation. Data protection, especially the security of personal data, is now a top concern for governments and several other organizations around the world. In 2016, the European Union (EU) parliament was encouraged to replace the out-of-date 1995 Data Protection Directive and adopt the General Data Protection Regulation (GDPR) due to the explosion of data available through the Internet and the heightened risk of privacy breaches. This regulation went into effect on May 25, 2018, it aimed to enhance data protection and privacy by ensuring that businesses manage and process data properly across the EU.
Is Australia covered by GDPR?
You might be thinking right now that you don’t need to worry about compliance because your company is based in Australia and this is an European Union regulation. We’ll, I don’t think you’re right about that! We’re make it simpler for you…
It is necessary to be familiarised and guided with GDPR because it has a wide-range of implications for many Australian businesses. The truth is that GDPR applies to all associated with the European Union. That means even a business operating in Australia (or other parts of the world) are covered if it processes personal data of individuals in the European Union. The General Data Protection Privacy aims to protect EU residents’ personal data and privacy.
GDPR vs. The Australia’s Privacy Act
If you’re thinking about the Australia’s Privacy Act, yes Australia has a similar law protecting citizens’ privacy and identities since 1988. It does have similarities and differences with GDPR.
The Australia’s Privacy Act of 1988. Is a set of guidelines for public and private sectors in handling personal information to protect the identity and privacy of the citizens.
The General Data Protection Regulation (GDPR). As mentioned, concerns the privacy of all individuals relating to the EU. Despite the fact that it was drafted and passed by the European Union (EU), it imposes obligations on all organizations regardless of the place (business located in the EU or outside EU) as long as the information of EU citizens is being processed, used, or stored. As a result, it is widely regarded as the strictest privacy and security legislation in the world.
One of the major similarities is that the Privacy Act and the GDPR both aim to protect the processing, collection, usage, and storage of personal information. Both laws provide individuals with the assurance that their privacy will be protected and secured. Because of these similarities, the Australian Privacy Act may already be implementing some of the GDPR-mandated measures.
So what’s the major difference between GDPR and Australian Privacy Act?
The Australian Privacy Act only covers certain people known as the “APP entities”. These are entities are:
- Government agencies
- Private sector, nonprofit organisations with more than $3 million turnover
- Privacy health service providers, and some small businesses.
It also applies to businesses outside of Australia that collect or store personal information in Australia and has business operations there. GDPR on the other hand, as mentioned, concerns the privacy of all individuals relating to the EU regardless of the place where their information is being processed, used, or stored. GDPR automatically applies if:
- Businesses are providing goods and services to EU citizens
- Monitor behaviors of EU citizens
Aside from the difference mentioned, there are other GDPR key principles and requirements that businesses must comply with—and that is where we can help you. Data privacy and protection requires understanding and prioritisation of key compliance risk areas that will be easier by seeking legal aid.
What are the penalties for violating GDPR?
What type of penalty can you expect if you are found in violation of the GDPR? The GDPR established two tiers of fines that can be imposed based on the specific part of the regulation that was violated
- Less serious violations – penalty could be up to €10 million, or 2% of the previous fiscal year (worldwide annual revenue) whichever is higher.
- More serious violations – penalty could be up to €20 million, or 4% of the previous fiscal year (worldwide annual revenue), whichever amount is higher.
Privacy and Data Protection
Due to the rapid growth of online activities, consumers are becoming increasingly concerned about the privacy risks associated with the collection and sharing of their personal data. Your customers and suppliers expect a gold standard. Things may be troublesome if you’ll be working on your own to fulfill obligations on how to process information and how to keep personal data safe.
Good thing you can tap us to help you understand your responsibilities. We can guide you in developing robust compliance measures to protect and manage the information you have. The data you’ll be handling is sensitive, it must be processed with the utmost care and clear intentions in mind.
Why is it important to keep personal information private?
Mishandling delicate information can get you to spend a lot of cash, time, and effort in dealing with legal conflicts. No one wants to face any item on the legal charges list. Contact Lodestar lawyers and get the assistance that you need for the information that you process and keep.
Who is entitled to legal aid for privacy and data protection?
Anyone who processes, stores or shares personal information can obtain the help of lawyers to secure their actions in maintaining privacy and data protection.
How to ensure data protection and privacy?
We’ll work with you to determine the best approach for your business, having regard to the type of information you collect, store, and disclose. It could be the development of a Privacy Management Framework, policies & procedures, or more targeted tools to address issues. You will not have to worry alone about the specifics of your case. Discuss it with us, and get the expert legal advice that you need. We’ll show you the right line of action to avoid legal problems and ensure privacy and confidentiality of the information you store and process.
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