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RGPD Course - Understand and apply data protection principles

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RGPD

Contents

📍 The foundations of the RGPD

Why this regulation?

The development of digital usage, online commerce on the Internet and the global interconnection of networks means that the legal context has to adapt.

This new European regulation follows on from the French Data Protection Act of 1978, and strengthens citizens' control over the use of their personal data. It harmonizes rules across Europe, providing a single legal framework for professionals.

The RGPD allows greater visibility and control over personal data. It aims to protect all citizens of EU member countries. It strengthens and harmonizes the collection and use of personal data.

In addition, to put an end to competition that sometimes puts European companies at a disadvantage, the same obligations are imposed on companies established outside the European Union, whenever they offer products or services to European residents.

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There are no exceptions to these obligations for French companies. However, depending on their activity, they will be more or less affected by this legislation. Indeed, the RGPD's approach is based on the notion of risk management, offering leeway to define tailor-made solutions.

For a company, these new obligations encourage greater transparency in relations with its stakeholders: employees, customers, prospects and suppliers.

Who is affected by the RGPD?

The RGPD applies to any organization:

  • public and private,
  • which processes personal data,
  • for its own account or not,
  • if established within the European Union
  • or that its business directly targets European residents,
  • regardless of location.

The RGPD also concerns subcontractors who process the personal data of another entity (company, local authority, association), imposing specific obligations on them to guarantee the protection of the data entrusted to them.

It's important to remember that the RGPD puts companies established within the European Union and those based outside Europe on an equal footing to put an end to a distortion of competition.

What are the main advantages for a company?

More than a legal obligation, the RGPD represents an economic opportunity for a company, and an opportunity to question its approach to data and its digital transformation

 

Building confidence to grow your business 

Anyone who entrusts you with their personal data establishes a relationship of trust and wants their rights and privacy to be respected. Thus, the RGPD reaffirms their rights to control their data: rights of access, rectification, erasure or opposition, for example.

Furthermore, principals are paying close attention to the implementation of the RGPD by their service providers. This is a crucial subject for subcontractors who process personal data on behalf of these companies, both to maintain their existing business relationships, but also to potentially win new ones.

Respecting these rights is therefore an opportunity to enhance and develop your image as a serious and responsible company.

 

Then, improve your sales efficiency 

To sell their products or services, companies build up files on their customers and prospects.

While the RGPD insists on the accuracy and updating of data stored in a file, maintaining rigorous data management will above all boost efficiency and productivity.

 

Managing your business better 

The volume of data processed increases with time and activity, and requires more and more human and technical resources to manage and secure it.

The principle of data "minimization" (I only collect the data I really need) and the obligation to keep an up-to-date list of files, make it possible to take stock of the data collected and identify the real need for it.

Indeed, the RGPD requires that the data collected be relevant to the purpose of the company's activity.

It's an opportunity to ask yourself the right questions about your business and your processes, so as to optimize your investments (as was the case when you switched from paper to digital, for example).

 

Obviously, improving the security of your company's data 

The news regularly reports security breaches and computer attacks that can have disastrous consequences for business.

In the same way as we protect a company's name, logo, equipment or premises, personal data must be subject to special IT and physical security measures.

Protecting your information assets and the people concerned from data breaches means giving your business the means to grow serenely. However, be vigilant: some unscrupulous players take advantage of the RGPD to offer excessively expensive services or generate overtaxed calls.

If in doubt, please contact the CNIL: https: //www.cnil.fr/

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The GDPR is the General Data Protection Regulation, a European Union law that came into force in May 2018. It aims to strengthen and unify the protection of EU citizens' personal data and regulate its use by businesses and organizations.

The GDPR establishes a legal framework for the collection, processing and retention of personal data. It gives individuals greater control over their data, requires explicit consent for its processing, imposes transparency and accountability obligations on companies, and provides for severe penalties in the event of non-compliance.

The GDPR applies to all organizations that collect, process or store personal data of EU residents, whether they are based in the EU or not. This includes businesses, government bodies, associations and non-profit organizations.

The GDPR grants individuals several rights, including the right to access their personal data, the right to rectify or erase it, the right to data portability, the right to limit its processing, and the right to object to its use for direct marketing purposes.

Companies must comply with a number of obligations, including obtaining valid consent for data processing, implementing appropriate security measures to protect data, appointing a Data Protection Officer (DPO) in certain cases, and notifying data breaches to the relevant authorities and the individuals concerned.

The RGPD provides for significant financial penalties in the event of non-compliance, up to €20 million or 4% of the company's annual worldwide sales, whichever is higher. Data protection authorities also have the power to temporarily or permanently prohibit data processing.

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