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It’s GDPR’s 3rd Anniversary!

by Guru Writer
May 25, 2021
in Cyber Bites, Editor's News
It’s GDPR’s 3rd Anniversary!
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The EU’s General Data Protection Regulation (GDPR) turns three today and since its launch in 2019, hundreds of millions of euros worth of fines have been handed out to companies of the likes of British Airways, Marriott International Hotels, and even Google.

But not everyone thinks this piece of legislation is living up to the hype. Access Now’s new report, Three years under the GDPR: An implementation progress report, explores just how far this legislation still has to go before its promises — and potential — are truly fulfilled. “We’ve passed the settling in phase, and we now need to seriously address issues with the enforcement of the law. The next few years will decide if the internationally-acclaimed legislation soars like an eagle, or crashes and burns like a le(a)d zeppelin“, said Estelle Masse, Senior Policy Analyst and Global Data Protection Lead at Access Now.

But while it’s true that there is a huge discrepancy between member states in how DPAs are using their powers and despite many individual complaints remaining unaddressed, security leaders are certainly keeping GDPR at the forefront of their preoccupations.

Research by Egress has revealed that an overwhelming 90% of security leaders are concerned about group legal settlements following a serious data breach, while 85% are worried about regulatory fines. Launched to commemorate three years of GDPR, the research also found that almost half (47%) of consumers would likely join a class-action lawsuit against an organisation that had leaked their data, proving security leaders’ fears to be accurate.

Robert Meyers, channel solutions architect and fellow of information privacy at One Identity, argued that GDPR shifted how various industries think about data protection. “The impact has been the growth of real data controls used in all industries, and new standards for privacy.  It has also spawned countless comparable or even nearly direct copies of the regulation.  This law in this way has been very successful”, he said. And while regulators have lessened the fines they were handing out to companies, Meyers thinks the discretion supervising authorities are granted was probably well used during this time of COVID-19.

However, Meyers says companies shouldn’t get too comfortable, especially those outside the EU. “With over 90% of small and medium companies outside of the EU doing business and ignoring the Article 27 requirement, an EU-based representative acts as their Europe-facing point of contact.  The privacy community wondered how that would pan out. They need to wonder no longer, as a Canadian company won the right to be the first fined for not having a representative or any presence in the EU.  It will be interesting to see how they now work in the United Kingdom and the quandaries around the GDPR there”, Meyers explained.

When asked how data protection changed since GDPR was introduced, Meyers said that now, everyone is more privacy-aware and becoming even more aware every day.  “Interestingly, in the USA, this has shown some light on HIPAA as well.  For privacy proponents, this has been an incredible improvement in the way society looks at privacy”, he added.

Reflecting on the future of the regulations, Meyers explained that the next step will be understanding the new standard contractual clauses, and looking for a replacement of Privacy Shield. Brexit, of course, also looms large in the future of privacy regulations. “There are a lot of privacy professionals who wonder if the EU (and the UK was a member and has GDPR as the law of the land) can stand up to the inspections that it has given the USA.  And with the number of breaches still increasing every day, it will be some interesting times”, said Meyers.

 

 

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