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What penalties in the event of non-compliance?

For Farid Bouguettaya, associate lawyer in IT / IP at the firm Artemont, “it is indisputable that the GDPR has changed the perception of individuals in terms of data protection. Companies that can show their customers that they deserve their trust in data protection will make the difference and in certain sectors such as digital, companies have already understood the benefits they could derive from GDPR compliance. “. GDPR: brief reminder The RGPD (or General Regulation on the Protection of Personal Data) is a regulation of the European Union, entered into force on May 25, 2018 in each member state. By adopting this text, the European legislator aimed to improve the level of protection of personal data, in particular by taking into account the changes brought about by the digital economy,

and to strengthen both the confidence of individuals and actors. In France, the new provisions have been incorporated into the Data Protection Act, specifying that in several aspects France has chosen to benefit from the leeway left to States, by adopting specific measures permitted by the GDPR. The main principles of the GDPR In order to achieve the objectives of the European Union, the GDPR is based on various principles that each organization, processing personal data, is required to respect. Organizations are empowered by the implementation of an accountability principle , according to which it is required not only to comply, but also to be able to demonstrate and document the measures put in place to ensure compliance. protection of personal data.

GDPR compliance, a competitive advantage for businesses?

This principle irrigates the GDPR and is found in the obligations to keep a register of processing operations, to conduct evaluations, in particular in certain cases through Privacy Impact Assessments , etc. New rights are created (for example data portability, right to digital oblivion), the conditions of implementation of which must be known by any organization required to comply with the GDPR. The GDPR also strengthens transparency with regard to individuals, establishes a principle of privacy by design & by default imposing to take into account the protection of personal data from the design of a product or service and to ensure it. by default a high level of protection. What penalties in the event of non-compliance? Another novelty, the GDPR considerably increases the penalties incurred in the event of non-compliance.

Indeed, in the event of non-compliance with the GDPR, companies can be subject to sanctions of up to 4% of global turnover or 20 million euros. The first sanctions applied saw in particular the Portuguese data protection authority sanctioning a hospital with a fine of 400,000 euros because of its policy of access to patient databases. Just recently, France imposed a record fine on Google, amounting to 50 million euros. If the Google case is a case that some will consider as special, due to the nature of the violations observed and the multitude of data from the tools used and the people concerned, it is possible to learn from it. The main thing is that the data protection authorities, in particular the CNIL, intend to use their sanctioning powers more severely (as a reminder, before the GDPR, the maximum sanction imposed by the CNIL was 150,000 euros).

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