What is GDPR Compliance

In response to the public’s growing concern about privacy, the European Parliament adopted the GDPR to replace an outdated data protection directive from 1995. GDPR establishes more stringent requirements for businesses to protect the personal data and privacy of citizens of the European Union and the European Economic Area (EEA). The regulation applies for transactions that occur within EU member states, as well as the transfer of personal data outside the EU and EEA areas.

GDPR is not optional, and any company that does comply faces the threat of large fines, depending on the severity and circumstances of the violation. These fines can be as steep as 4 percent of annual global revenue or up to €20 million. Every organization that does business in Europe or with EU or EEA citizens must ensure that they are following GDPR guidelines; non-compliance could cost them greatly.

To comply with GDPR, companies who have EU based employees need to comply with the following important requirements:

• Obtain consent to collect and process personal information
• Protect personal data
• Control access to personal data
• Provide the option to erase personal data

How does the GDPR work?

There are many principles and requirements introduced by the GDPR, so it is important to review the GDPR in its entirety to ensure a full understanding of its requirements and how they may apply to your organization. While the GDPR preserves many principles established by the Directive, it introduces several important and ambitious changes. Here are a few that we believe are particularly relevant to REALCODERZ and our customers:

• Expansion of scope

  The GDPR applies to all organizations established in the EU or processing data of Data Subjects, thus introducing the concept of extraterritoriality, and broadening the scope of EU data protection law well beyond the borders of just the EU.

• Expansion of individual rights

  Data Subjects have several important rights under the GDPR, including the right to be forgotten, the right to object, the right to rectification, the right of access, and the right of portability. Your organization must ensure that it can accommodate these rights if it is processing the personal data of Data Subjects.

• Right to be forgotten

  An individual may request that an organization delete all data on that individual without undue delay.

Who does the GDPR affect?

The GDPR applies to organisations located within the EU and also organisations located outside the EU. It applies to all companies processing personal data of individuals residing in the European Union, regardless of where the company is located.

How does REALCODERZ comply with the GDPR?

REALCODERZ takes GDPR compliance very seriously and started GDPR preparation well before its effective date. As part of this process, we reviewed (and updated where necessary) all of our internal processes, procedures, systems, and documentation to ensure that we were ready when the GDPR went into effect. Compliance is not a static accomplishment, mandating monitoring vigilance in the face of changed circumstances and legal requirements.

One recent change involves the Court of Justice of the European Union (“CJEU”) ruling in what is referred to as the Schrems II decision. This decision revolves around the transfer of Personal Data from EU member states to third-party countries, such as the United States. The GDPR, like the Directive, does not contain any specific requirement that the Personal Data of EU citizens be stored only in EU member states. Rather, the GDPR requires that certain conditions be met before Personal Data is transferred outside the EU, identifying a number of different legal grounds that organizations can rely on to perform such data transfers.

One legal ground for transferring Personal Data set out in the GDPR is an “adequacy decision.” An adequacy decision is a decision by the European Commission that an adequate level of protection exists for the Personal Data in the country, territory, or organization where it is being transferred. The Schrems II decision invalidated the adequacy decision for transatlantic data transfer to the United States known as Privacy Shield II. Another impact resulting out of this decision involved the use of ‘standard contractual clauses’ (SCCs) between the controller or processor and the controller, processor or the recipient of the personal data in the third country or international organization.

SCCs are a commonly relied upon legal ground under the heading ‘appropriate safeguards’ where transfer of personal data may only occur if appropriate safeguards are in place and that enforceable data subject rights and effective legal remedies are available. Where the CJEU upheld the validity of this safeguard, it established certain conditions for its use.

REALCODERZ is committed to complying with the results of the Schrems II decision, and any other legal mandates in the future and is monitoring developments – in particular with respect to European Data Protection Board guidance publications and Supervisory Authority opinions. As is our policy, we stand ready to address any requests made by our customers related to their expanded individual rights under the GDPR. Generally speaking, these include:

• Right to be forgotten

  You may terminate your REALCODERZ account at any time.

• Right to object

  You may opt out of inclusion of your data in any data science projects.

• Right to rectification

  You may access and update your REALCODERZ account settings at any time to correct or complete your account information. You may also contact REALCODERZ at any time to access, correct, amend or delete information that we hold about you.

• Right of access

  YOur Privacy Policy describes what data we collect and how we use it. If you have specific questions about particular data, you can contact info@skilla.ai for further information at any time.

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Tel: +1 (571) 346-7640

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