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GDPR<br />

THE GOOD…<br />

AND THE BAD<br />

LACK OF CLARITY AROUND CERTAIN NEW TECHNOLOGIES IS HITTING<br />

MANY LAW-ABIDING COMPANIES TRYING TO BE COMPLIANT WITH THE GDPR<br />

More than two years after the EU<br />

introduced the General Data<br />

Protection Regulation (GDPR),<br />

a report from the European Commission on<br />

the regulation’s progress makes for interesting<br />

reading. In it, the commission speaks of the<br />

many positives delivered. "Citizens are more<br />

empowered and aware of their rights. The<br />

GDPR enhances transparency and gives<br />

individuals enforceable rights, such as the right<br />

of access, rectification, erasure, the right to<br />

object and the right to data portability<br />

Individuals also have the right to lodge a<br />

complaint with a data protection authority<br />

and to seek an effective judicial remedy."<br />

Today, around 69% of the population above<br />

the age of 16 in the EU are said to have heard<br />

about the GDPR and 71% of people about<br />

their national data protection authority,<br />

according to results published in a survey from<br />

the EU Fundamental Rights Agency. "The GDPR<br />

has empowered individuals to play a more<br />

active role in what is happening with their<br />

data in the digital transition."<br />

While GDPR has been widely celebrated -<br />

and even mirrored in some countries, like the<br />

United States with the California Consumer<br />

Privacy Act - it's also clear that the EU needs<br />

to take additional steps to make it a more<br />

effective deterrent, according to Chris Harris,<br />

EMEA technical director at Thales.<br />

"Since its inception, there has been murmurs<br />

about its effectiveness, due to lack of clarity<br />

on compliance and fears around the resources<br />

and power each data protection authority<br />

(DPA) has to track and investigate the number<br />

of breaches that occur in their country. This is<br />

something that should have been sorted from<br />

the start, and not something that we are still<br />

talking about more than two years later - four<br />

plus, if you include the transition period!"<br />

Harris acknowledges that there have been<br />

some hefty fines justifiably dished out, which<br />

have caught the headlines and impressed.<br />

But he also points to how, as organisations<br />

continue to digitally transform, the lack<br />

of clarity around new technologies like<br />

blockchain and AI is actually mostly hitting<br />

law-abiding companies that are just trying<br />

to be compliant. "We need to ensure GDPR<br />

operates as the protective bubble around<br />

personal information that we all want, without<br />

restricting the innovation and development<br />

that the world needs from these disruptive<br />

technologies.<br />

"Smaller companies may have found<br />

compliance harder, not only due to the<br />

complexity and potentially onerous nature<br />

of the requirements, but because many<br />

vendors with GDPR-focused solutions were<br />

understandably scaling their offerings for the<br />

larger organisations. With a continued increase<br />

in the migration to the cloud, this has perhaps<br />

now become simpler with the advent<br />

of solutions such as cloud-agnostic key<br />

management solutions and subscription-based<br />

data-protection-on-demand services."<br />

In order to be truly effective, the EU needs<br />

to give clearer instructions on how to be<br />

compliant that are consistent across each<br />

country, he adds, "while giving local DPAs<br />

more resources to pursue heavy penalties<br />

against companies that are intentionally<br />

putting their customers' data at risk".<br />

Chris Harris, Thales: we need to ensure<br />

GDPR operates as the protective bubble<br />

around personal information.<br />

www.computingsecurity.co.uk @<strong>CS</strong>MagAndAwards <strong>Nov</strong>/<strong>Dec</strong> <strong>2020</strong> computing security<br />

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