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KPMG Gibraltar update on GDPR

KPMG Gibraltar update on GDPR

KPMG Gibraltar was delighted to welcome a range of interested parties to an event at the Sunborn Hotel focused on developing trends relating to the forthcoming General Data Protection Regulation (GDPR), which will replace Gibraltar’s current Data Protection Act in May 2018.

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KPMG Gibraltar was delighted to welcome a range of interested parties to an event at the Sunborn Hotel focused on developing trends relating to the forthcoming General Data Protection Regulation (GDPR), which will replace Gibraltar’s current Data Protection Act in May 2018.

 

GDPR has been designed to reinforce the [W1] human rights to privacy and data protection, which are already enshrined in EU law, yet have been eroded since the enactment of the current legislative Act [W2] by a range of factors, most notably the seismic change in our use of technology and our ever increasing capability to generate, store and use personally identifiable information. This puts Data Controllers (i.e. those who determine the purpose and means of your personal data processing), and the Data Processors they direct, in the positions of influence which we as data subjects should rightly occupy.

 

Following opening remarks from KPMG Gibraltar’s managing director Jon Tricker, Bradley Tosso from the Gibraltar Regulatory Authority (GRA) generously[W3]  offered some supporting words to all attendees in their endeavours to make any necessary changes before GDPR becomes applicable in six months’ time.

 

The areas which are likely to change most were covered in the keynote presentation by KPMG’s Risk Advisory team. While certain aspects of GDPR represent an upgrade on existing practices (e.g. free and faster subject access request rights, a higher hurdle for gaining consent to process your data, or the acceleration of the use and remit of Data Protection Officers), others are more of a paradigm shift – a pivotal one being that Gibraltar’s Data Controllers and Processors will find themselves obliged to demonstrate GDPR compliance to the GRA on request, known as the “accountability principle”.

 

The presentation then covered developments in other countries, including the UK’s recent Data Protection Bill, which has ambitions of Brexit-proofing this particular law, as well as introducing new criminal offences. The misconduct of some of the small minority of Controllers who have recently been fined in the UK was also examined, in the context of only 0.09% of UK ICO investigations resulting in financial penalty last year.

 

Themes directly relevant to Gibraltar’s businesses were then discussed, including how responsible gambling can be reconciled with the right to be forgotten, how insurance companies are struggling with the concept of GDPR-standard consent, and the uncertainty around the availability of standard contractual clauses to aid international transfers of personal data.

 

The event concluded with a discussion on the Article 29 Working Party’s recent slew of published opinions and guidelines, and how they can aid preparatory work. KPMG is, and will remain, incredibly active in this space, and would be delighted to hear from firms seeking advice or assistance in implementing the new regulations.

© 2018 KPMG Limited, a Gibraltar Limited Liability Company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.

KPMG International Cooperative (“KPMG International”) is a Swiss entity.  Member firms of the KPMG network of independent firms are affiliated with KPMG International. KPMG International provides no client services. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm.

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