Fines of up to Several Million Euros
Data protection provisions existed before this date, but with the entry into force of the GDPR, a directly applicable Community Law was introduced at the EU level. This regulation not only introduced strict rules but also enforced compliance with very heavy fines (under the new rules, fines can amount to several million euros).
I have been involved in the development work of the GDPR compliance for a number of large companies. My work included the drafting of:
- comprehensive privacy notices for data subjects
- cookie settings and policies
- detailed balancing tests where the processing is based on the legitimate interest of the data controller; and
- documents relating to the lawful processing of personal data of employees (including such sensitive topics as the monitoring of employees or handling medical information).
Processing Personal Data Lawfully
In this area of law, it is crucial that, to achieve effective compliance, one must not only be familiar with the Regulation itself but also possess a thorough knowledge of the guidelines issued by the Hungarian National Authority for Data Protection and Freedom of Information (NAIH) and the Working Party 29 (WP 29) under the auspices of the European Union, as well as its successor, the European Data Protection Board (EDPB). This knowledge is essential to ensure lawful processing and avoid fines.
Unfortunately, in visiting various websites and reviewing contracts, I repeatedly had to confront the reality that there are are still significant shortcomings in the Hungarian market regarding “true” GDPR compliance. This naturally puts many companies (or individuals processing data for business purposes) at serious risk and subject to data protection fines.
Reach out to a Specialist to Avoid any Possible Fines!
If you or your company wants to avoid these risks in the area of data protection and compliance, it is essential to seek the advice of a specialist with up-to-date knowledge not only of the Regulation itself but also of the guidelines that serve as guidance and soft law for the application of the Regulation by national or EU authorities.