3 ms·
Ok, my apologies for not picking up on the fact you are in the EU. Is it the cost that is stopping you from making a subject access request today under existing
by grabeh 8y ago
Ok, my apologies for not picking up on the fact you are in the EU. Is it the cost that is stopping you from making a subject access request today under existing laws?
Apologies also - I took Citizens' Advice in the narrow sense of the Citizens Advice Bureau (I used to work there so it's in my subconscious) who generally deal with benefits, employment and housing law queries. I took a look at the citizensinformation.ie and did a search for GDPR - I can't see much in the way of materials unfortunately. ACF makes materials available which can be read by anyone regardless of location. Sure, they might make advice available to local entities, but this would be a small benefit to EU orgs vs non-EU orgs.
However I still don't really follow your point how organisations will approach GDPR compliance in general and the idea that there is a massive gap between what is available to EU entities versus non EU entities.
For lots of organisations, GDPR will not be on their radar, and life will go on as normal post May 25th.
For organisations aware of GDPR, their route to compliance will be through reading the source materials and supporting materials available on the Art 29 Working Party website. That is the case regardless of whether the organisation is in or out the EU. They can consult materials from third parties like ACF but the core materials are as above.
I don't really think contacting your MP or actually contacting a regulator is something which many entities have actually done because actually the base regulation and the interpretation notes are sufficient to understand what an organisation has to do to comply (again available to anyone who cares to read). In terms of court access
In terms of access to legal advice, then I don't quite think it's as bad you paint out here! I've instructed local counsel in multiple countries direct and it's a straightforward process and those firms were not part of a top tier international law firm network. Often smaller local firms have firms of similar sizes in other countries that they can refer work to. If other peoples' implementations of GDPR are anything like my company's then the extent of legal advice sought will have been limited.
I think overall I take your point that resources on offer to non EU companies may be a more limited, but overall the core resources are the same. Lots of non-EU entities have been working very hard on looking to comply with GDPR using the above resources and taking local legal advice where relevant. I agree that for smaller organisations this is more problematic, but this is the case regardless of location to an extent.
I do take your point about the extra-judicial nature though. We will have to see how things work out. My instinct is that for lots of companies it will be business as usual and the local regulators will have bigger targets that they want to go after.
- dogma1138 8y agoThe company I work for has been working on GDPR compliance for the better part of 3 years. We also maintain compliance in the financial sector and we have both very good in house and external counsel which works with both the ICO and political institutions to ensure we meet our compliance. The fact is that as an EU citizen you have a say about how the GDPR is applied and you have a say in how it will be enforced and interpreted. As a non-EU entity you have no voice. You also cannot ask for assistance from any EU or member state body. You also don’t have access to DPA run events for example: https://ico.org.uk/about-the-ico/news-and-events/speaking-engagements/preparing-for-the-new-data-protection-act-and-gdpr-an-essential-legal-seminar-for-schools-manchester/ https://ico.org.uk/about-the-ico/news-and-events/speaking-en... Now if you want a good comparison as you have worked for a legal aid organization before you can likely estimate the hourly billable of a lawyer in the UK to provide you counsel on UK or EU law vs say FATCA or SOX. My bet is that it would likely be at least 3 zeros in difference. The fear isn’t that a DPA would go after you, but rather that they’ll force service providers to compell you to comply. Under the GDPR for PayPal to remain compliant it needs to ensure that all merchants that use it to receive payments from EU residents are also compliant because you share your Personal Information with PayPal who then shares it with the merchant (name, email, address, phone number etc.). This is going to be the likely channel of enforcement not them dragging you to court.