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GDPR requirement to maintain a record of processing activities – WP29 position paper clarifies derogation for micro, small and medium-sized organisations

Article 30 of the GDPR contains an obligation for data controllers and processors to maintain a record of processing activities in certain circumstances. However there are exceptions to the requirement, known as the derogation. The derogation essentially exempts micro, small and medium-sized organisations from this record-keeping requirement. There are, however, certain types of processing, such as processing relating to special category data, to which the derogation does not apply.

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An Update on Brexit and the Implications for General Data Protection Regulation (GDPR)

Practices: Privacy & Cybersecurity, Privacy & Cybersecurity Advisory, Incident Response and Preparedness, Regulatory Enforcement & Civil Litigation

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Following the “Leave” result of the United Kingdom’s referendum on its membership in the European Union, there has been uncertainty regarding the implementation of the General Data Protection Regulation (GDPR) due to come into effect on 25 May 2018. Our report on the GDPR explains the key changes to Data Protection Law.

On 24 October 2016, the Secretary of State for Culture, Media and Sport, Karen Bradley MP, confirmed that the UK will still be in the EU in 2018 and will be opting-in to the GDPR. As a result, businesses collecting or using personal data while providing goods or services in the EU of EU data subjects will be subject to the new regulations.

The UK’s data protection authority, The Information Commissioner’s Office, supports this stance taken by the government and has confirmed it will issue a statement in the next month setting out a timeline for publishing its guidance on the GDPR in the upcoming months.

Both the ICO and UK government have reiterated the necessity of complying with the GDPR. In light of the increased scope of fines for non-compliance with the GDPR, it is imperative that businesses assess the steps they need to take to ensure compliance by May 2018.

For more information regarding the GDPR and its potential impact, please contact Ropes & Gray’s leading privacy & data security team.

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