GDPR: May 25th is coming! What's going to happen from the 26th?

It is the question that seems to be on the minds of many in data protection circles: What will happen on May 26? For those who don’t understand the date, let us recall that the General Data Protection Regulation (GDPR for short) is set to come into force on May 25. So many are wondering what will happen after the new regulation is implemented. Of course, the EU and its member states are said to take data protection very seriously, but to date, we have not seen any impressive changes in the measures that need to be taken for the new regulation. Some would argue that this is due to the fact that many countries have neglected to give data protection laws to law enforcement authorities and thus will essentially have no control mechanism immediately available. However, the GDPR is coming and brings new rights to users, new obligations to notify data breaches and many other operational issues that companies will probably have difficulty dealing with. Data Protection Authorities ( DPAs) expect everyone to implement the law quickly, but no one has said what will happen from day one… Will they start handing out fines immediately? Will there be a lot of fines? Will fines be the DPA’s main tool for enforcing and establishing the GDPR? Below we will see what you can do from May 26th if you are not yet ready for full adoption of the new regulation: First of all, do something to show your effort. Even if you are not yet ready for full adoption of the GDPR, it will not be a problem. Will there be any grace period? We hope so, although some authorities explicitly state that there will not be any. Of course, the necessary learning curve of the new regulation should be taken seriously, but this is at the discretion of each Authority. However, it is important to start today, not tomorrow. If an authority calls you and you can prove that you have started on the path, this will go a long way. Second, update your Terms of Service on privacy right away and tell your customers exactly what you’re doing with their data. Also make sure to let them know about their rights, as outlined in the GDPR. Transparency will be a top priority of the implementation, it will be key. Exercising rights will not be possible without transparency. If you’re collecting data and doing something with it that your customers don’t know about, you better stop it, not tomorrow, today, or at least by May 25th. You’re legally required to have a data protection officer. Make sure you appoint a name and publish their contact details. Third, make sure you ask for help. Some of these problems are really hard to solve. If you have a problem, don’t pretend it doesn’t exist. Don’t hope no one will notice. Contact your local DPA and ask if you don’t understand. It’s better to bother them than to be bothered by them. While not all EU data protection authorities are equally cooperative, the GDPR should be implemented. The aforementioned grace period may not exist in some countries: “There are no grace periods,” said the Austrian DPA and Andrea Jelinek, “because the two previous years were already a grace period. You had two years to take the necessary action.” What is certain is that there will be fines, and they will be significant. The strict fines will of course be imposed on companies that deliberately persist in violating the law. There will be warnings, and investigations will be conducted before fines. However, companies that show a willingness to comply and cooperate will be treated better by the authorities. At least initially… ____________________

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