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Local government and GDPR
Answer:
Most likely noting, since they are not:
- offering goods or services to individuals in the Union;
- monitoring the behavior of individuals in the Union;
The key to understanding when EU GDPR is applicable is understanding the meaning of “in the Union.” The EU GDPR will only apply to personal data regarding individuals within the Union, while the nationality or habitual residence of those individuals is irrelevant.
To learn more about the EU GDPR check out our free “EU GDPR Foundations Course” https://advisera.com/training/eu-gdpr-foundations-course// -
GDPR implications
Answer:
If the you are established in Germany and the personal data is processed in Germany this means that the EU GDPR is applicable because the processing activity is performed “in the Union”.
To learn more about the EU GDPR check out our free “EU GDPR Foundations Course” https://advisera.com/training/eu-gdpr-foundations-course// -
Code of conduct
Answer:
No there is not and the reason for this is that based on EU GDPR art. 40 (2) - Code of conducts (https://advisera.com/eugdpracademy/gdpr/codes-of-conduct/ ) requirement is “associations and other bodies representing categories of controllers or processors may prepare codes of conduct” and we are none of these.
To learn more about the EU GDPR check out our free “EU GDPR Foundations Course” https://advisera.com/training/eu-gdpr-foundations-course// -
Project Plan
Answer:
There is so such document in the EU GDPR Toolkit https://advisera.com/eugdpracademy/eu-gdpr-documentation-toolkit/ and usually controllers will approach you with various checklists on their own. However you can use as a reference the “List of documents” in the Toolkit.
To learn more about the EU GDPR che -
GDPR Legitimate Interest Assessment
Answer:
The Legitimate Interest Assessment is not in the toolkit since the EU GDPR does not describe how to perform this assessment so is up to toe company to document and justify when their legitimate interest is not overridden by the rights and freedom of the data subject.
As regards to the Privacy Statement is the same as the Privacy Notice no difference whatsoever.
To learn more about the EU GDPR check out our free “EU GDPR Foundations Course” https://advisera.com/training/eu-gdpr-foundations-course// -
Collecting CVs
2. We have vendors on EU. And we provide them with personal data -contact details of citizens of EU. Which doc should we sign with them?
Answers:
1. It depends on what the legal basis for processing the CV is, if you choose to rely on consent then you need the consent of the data subject for you to keep the CVs as well as sending them to third parties which may act as controllers as regards to the data in their CVs. However if you rely on “contractual obligation” then you need to provide a Privacy Notice to the individuals which sends you their CVs and in this notice you should provide all the information required by EU GDPR art. 13 - Information to be provided where personal data are collected from the data subject (https://advisera.com/eugdpracademy/gdpr/information-to-be-provided-where-personal-data-are-collected-from-the-data-subject/ )
2. For the vendors which are acting as your processors you need to have in place a Data Processing Agreement/Addendum to regulate the processing activity they are performing on your behalf as well as for compliance with EU GDPR art. 28 – “Processors” (https://advisera.com/eugdpracademy/gdpr/processor/). The relevant document can be found in folder 7 of the EU GDPR Documentation Toolkit and is named “Supplier Data Processing Agreement” -
GDPR in education sector
1- with which SA or LSA their HO has to register? Can be the ICO in UK?
2- If the total number of employees in each of the schools in EU countries is less than 250 (excluding the students), are they obliged to register with their respective Supervisory Authorities?
Answers:
1. Yes, you can register to the ICO since it seems your Head Office is located in UK. (https://ico.org.uk/for-organisations/register/)
2. The registration conditions is subject to local regulations and not the EU GDPR, so you would need to assess the requirements of the Supervisory Authority in Germany and Romania.
To learn more about the EU GDPR check out our free “EU GDPR Foundations Course” https://advisera.com/training/eu-gdpr-foundations-course// -
Hosting the data
Answer:
There are much more areas to the GDPR then where you host the data. You need to asses your processing activities and to see what is the impact on those as well as the measures you need to take. Some of the actions may be : drafting the necessary privacy notices, setting up your retention period, setting up your data access request processes, etc.
To learn more about the EU GDPR check out our free “EU GDPR Foundations Course” https://advisera.com/training/eu-gdpr-foundations-course// -
CSF, KPI, metric
Answer:
CSF or Critical Success Factor is something that must happen if an IT service, process, plan, project or other activity is to succeed.
Key Performance Indicator or KPI are used to measure the achievement of critical success factors. With KPI you measure the achievement of CSF's.
Metric is, by definition, something that is measured and reported to help manage a process, IT service or activity. So this is direct item that you measure.
For example, CSF is: Maintain quality of IT services.
KPI's are: Total numbers of incidents, Size of current incident backlog for each IT service, Number and percentage of major incidents for each IT service... If you put KPI's in time constraint - you'll get trend. E.g. in last quarter or in last twelve months.
Se the article "Facing reality – measurements in ITIL" https://advisera.com/20000academy/blog/2013/04/02/facing-reality-measurements-itil/ to learn more. -
Email disclaimer
2. Does the law from 2007, EU Directive 2003/58/EC, applies? We are a Bulgarian Company which has an online shop to sell mobile gadgets in Germany. We just send emails to customers who made an order with us or contact us, via the website contact form. No marketing is done.
Answers:
1. There is no requirement regarding placing email disclaimers so you can use regular confidentiality or IP related disclaimers, there is no need to mention anything about processing of personal data. For this you should use privacy notices.
2. Directive 2003/58/EC will still be applicable after the 25th of May once the EU GDPR becomes enforceable.
To learn more about privacy notices check out our webinar “Privacy Notices Under the EU GDPR” (https://advisera.com/eugdpracademy/webinar/privacy-notices-under-the-eu-gdpr-free-webinar-on-demand/).