What is The General Data Protection Regulation (GDPR) ?

What is GDPR and why is it required?

What are the GDPR's applicability and consequences?

Overview

The General Data Protection Regulation (GDPR, or General Data Protection Regulation) is the world's greatest stringent data privacy and security law. Despite being designed and adopted by the European Union (EU), it imposes obligations on organizations anywhere that target or collect data on EU citizens. The Regulation became effective on May 25, 2018. All those who don't comply with privacy and security standards will face the harshest penalties under GDPR, with fines ranging from millions to billions of euros.

The General Data Protection Regulation (GDPR) is the toughest privacy and security law in the world. Though it was drafted and passed by the European Union (EU), it imposes obligations onto organizations anywhere, so long as they target or collect data related to people in the EU. The regulation was put into effect on May 25, 2018. The GDPR will levy harsh fines against those who violate its privacy and security standards, with penalties reaching into the tens of millions of euros(GDPR,2018) 

GDPR History

"Everyone has the right to respect for his private and family life, his home, and his correspondence," according to the right to privacy. It was ratified in 1953 as part of the European Convention on Human Rights. The EU attempted to ensure the legal protection of the said right by adopting this idea as a principle.(ECHR, 1953)

The EU recognized the need for modern protections as technologies develop and the internet was invented. That's also why, in 1995, the EU Data Protection Directive has been passed, which establishes data privacy and security standards on which each member state's implementing legislation is based. Even now, however, the internet was already trying to transform into Hoover's data. The first banner ad was published on the internet in 1994. In the year 2000, almost all financial institutions offered online banking. Facebook became a publicly traded company in 2006. A Google user sued the company in 2011 after the company scanned their email. The European Data Protection Authority declared two months later that the EU needed a "comprehensive approach to the protection of personal data," and work on updating the 1995 directive began. GDPR came into effect in 2016 after it was passed by the European Parliament. As of May 25, 2018, it became mandatory for all organizations to comply.

 

GDPR's Applicability and Consequences

The regulation governing the EU's power to exert foreign authority is being discussed in four groups.

In the international arena, the first group of GDPR has a substantial impact on the law governing the protection of personal data. This regulation, according to him, should be kept. According to Alsneoy and Koekkoek (2015), the impact theory in data protection law, as well as antitrust law, is as rigorous territorial practice in antitrust law. They further stated that it will result in several legal issues. In this regard, Taylor (2015) contends that the EU has a positive commitment to preserve its data, already in the context of the EU's human rights duties, and that it can take the necessary actions to protect the right. According to De Hert and Czerniawski (2016), the regulation will have little effect on the European Union unless individuals or units specifically target it. If he wants to attack the Union, he'll have to play by the rules. There will be no problem because there is a consent situation because he is aware.

The second group claims that there are issues with the GDPR's extraterritorial jurisdiction as well as the EU's jurisdiction. Considers the imposition of a restriction. The GDPR has previously been the subject of criticism since it was being drafted begun with. Many platforms have argued that the GDPR has exceeded its limitations in an unprecedented manner under international law, including research conducted within the European Union in this general direction. According to analysts, the EU and its member states are in principle members of the international community and must abide by international law. Both the GDPR's approach and international customary law are in harmony with each other. It isn't founded on both power and a power struggle (Kindt, 2016).

The third group says that, while the GDPR is a good rule, putting it into practice is challenging (Moniz, 2018). Swantesson, for example, claims that GDPR 3/2 is personal and that it can make a substantial contribution to data protection law, but that its implementation is problematic (Swantesson, 2015). Actually, the issue isn't limited to this configuration. Goldsmith and According to Wu (2006), executing decisions made in cyberspace is imposed throughout the country, and while it can be enforced due to executive power, it wouldn't be possible without your help.

 

The fourth group, on the other hand, approaches the matter from a strategic standpoint rather than from the perspective of the law. The goal of this rule, according to the EU, is to prevent data breaches. Although Svantesson (2014) is aware of the potential challenges that may arise during the EU's implementation phase, he expresses his desire to earn credibility by demonstrating that he cares about personal data privacy is carrying out. Kuner (2014), on the other hand, believes that this is a really bad step. According to Kuner (2014), the powers formed through territoriality have drastically weakened in the digital age.

GDPR in our company's eyes

By allowing firms to oversee more transparent, customer-centric processes, the new legislation increases customer trust. Organizations who don’t make any effort to comply with the GDPR are frowned upon by regulators. 

Avengers Influencer protects the personal information it collects and processes. Avengers Influencer uses its technological and infrastructure assets to take the appropriate technical and administrative measures to guarantee that personal data is kept secure and handled in compliance with the law within the boundaries of the law and applicable legislation.

Avengers Influencer processes personal data in accordance with the law and relevant regulations. Natural persons whose personal data are processed within the scope of the law can learn more about the personal data processed by Influencer as a data controller, the purposes for which they are processed, the recipients to whom they are transferred, the collection method and legal basis, and their rights regarding the said personal data by reading the text below.

#webmarketing #avengersinfluence #gdpr #dataprotection #regulation

Author: Genar Demirkan

 

 

 

 

 

REFERANCE

https://gdpr.eu/tag/gdpr/

https://www.echr.coe.int/Documents/Convention_ENG.pdf

 

Alsenoy, B. V. (2017). Reconciling The (Extra)Territorial Reach Of The GDPR With Public International Law. Gert Vermeulen- Eva Lieve (Ed.), Data Protection And Privacy Under Pressure Transatlantic Tensions, EU Surveillance, And Big Data içinde (s. 77-100). Antwerp: Maklu.

Taylor, M. (2016). Permissions And Prohibitions In Data Protection Jurisdiction, Brussel Privacy Hub Workıng Paper 2 (6).

De Hert, P. Czerniawski, M. (2016). Expanding The European Data Protection Scope Beyond Territory: Article 3 Of The General Data Protection Regulation In Its Wider Context, International Data Privacy Law 6 (3), 230-243.

Kindt, EJ. (2016). Why Research May No Longer Be The Same: About The Territorial Scope Of The New Data Protection Regulation. Amsterdam: Elsevier.

Moniz, G. C. (2018). Finally: A Coherent Framework For The Extraterritorial Scope Of EU Data Protection Law Whe End Of The Linguistic Conundrum Of Article 3(2) Of The GDPR. European Law Journal 4 (2), 105-115.

Svantesson, D. J. B. (2015). Extraterritoriality And Targeting In EU Data Privacy Law: The Weak Spot Undermining The Regulation, International Data Privacy Law 5 (4), 226.

Kuner, C. (2015). Extraterritoriality And Regulation Of International Data Transfers In EU Data Protection Law, International Data Privacy Law 5 (4), 235-245.