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In terms of what a company has to do, not that much changed since GDPR's predecessor. The difference between the previous law from the 90s and GDPR is mainly pu
by lucb1e 7y ago
In terms of what a company has to do, not that much changed since GDPR's predecessor. The difference between the previous law from the 90s and GDPR is mainly publicity (privacy wasn't as big a topic in the 90s) and higher fines, so what I notice as an EU resident is that more companies implement it. (Also companies abroad, but I can't say that e.g. Google's update impacted me beyond annoying banners: they still say "you consent to us doing anything we like" and that is probably legal.)
The previous law was optional to implement for member states but I lived in a member state (the Netherlands) that did (as "Wet Bescherming Persoonsgegevens") and I think most other states did as well. Any company that wants to do business in the Netherlands had to comply with that law already (just like you can't come here to do business that is illegal for any other reason).
The main features as I see them are that companies have to obtain consent or have a valid reason for processing personal data, and you have a right to view your data. That was the case and is still the case. I've done data access requests prior and post GDPR and the responses are identical.
A number of details changed, but if you complied with the previous law and you're not a personal data broker, then you have to do very little to comply with GDPR. To give an example, consent now has to be "freely" and unambiguously given, whereas before it just had to be unambiguously given, which means that an employer can't ask you for consent due to the power relation and it's popularly interpreted to also mean that you can't bundle it ("consent or don't get the service") because then it's not "freely" given.
- oneplane 7y agoBut it did change for everyone else that didn't have those laws. Also, the impact of a brach is much bigger now.
- lucb1e 7y ago> it did change for everyone else OP was asking for EU residents to comment on how it impacted them. This is how it impacted me. If someone else is very happy with GDPR because their country didn't implement the previous law (DPD), they should comment separately. Edit: actually, all EU member states implemented the DPD: https://en.wikipedia.org/wiki/Data_Protection_Directive#Implementation_by_the_member_states https://en.wikipedia.org/wiki/Data_Protection_Directive#Impl... So this is actually representative for everyone else. > Also, the impact of a [breach] is much bigger now Indeed, as I mentioned, the fines are higher, and that's the only change in that regard. Note that the requirement to report data breaches to the authorities is not a GDPR thing. The Netherlands introduced a separate law for that prior to GDPR. And the reason you can be fined for a breach is not because you had a breach. It's not a crime to become the victim of criminal activity, so that's also not new with GDPR. The reason for it resulting in a fine is that it often highlights inadequate security of personal data, which was also illegal under the previous law.