On May 25, 2018, the General Data Protection Regulation (GDPR) will become effective. The new legislation of the Europea
INTELLECTUAL PROPERTY & INFORMATION TECHNOLOGY CLIENT ALERT
MAY/2018
THE GENERAL DATA PROTECTION REGULATION (GDPR) OF THE EUROPEAN UNION AND ITS IMPACT TO BRAZILIAN COMPANIES
PRACTICE AREA Intellectual Property Information Technology & Communications
On May 25, 2018, the General Data Protection Regulation (GDPR) will become effective. The new legislation of the European Union (EU), approved since 2016, aims at strengthening the protection of personal data of individuals of its member-States. The Regulation imposes stricter obligations and sanctions applicable to entities/companies involved in EU citizens' data processing activities or the processing of data subjects based at the EU, which include fines of up to 4% of their overall revenue or EUR 20 million, with the highest amounts prevailing. In addition, the Regulation ensures that a member-State has a set of rights, which facilitate access to the personal information held by companies. Thus, in order to access the data, it will be necessary to obtain previous, clear and explicit consent, as well as the clarification by companies as regards the reasons for the data collection. The application of the Regulation raises important discussions for Brazilian companies, not only as it indicates a possible model framework for our future law on the matter, but also affects the companies involved in the data processing re. subjects, who are situated within the EU territory, through the principle of extraterritoriality. According to Article 3 of the GDPR, the Regulation is valid for controllers and processors located or not within the EU territory. The text also applies to the processing of data in activities related to the monitoring of the behavior of EU data subjects and in relation to the offering of goods or services, irrespective of whether a payment is required. Finally, the Regulation also covers the processing of personal data by controllers not established in the EU, but in locations where the law of a member-State applies by virtue of public international law.
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In view of the deadline for adjustments to the GDPR, Veirano is fully available to provide further clarifications on the matter.
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