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Employment Law

Legal guidance - compliance - software

06 JUN 2016

The General Data Protection Regulations - what guidance to expect and when

The General Data Protection Regulations - what guidance to expect and when
Mark Stevens
Associate, Veale Wasbrough Vizards

The Information Commissioners Office (ICO) has published details of guidance on the General Data Protection Regulation (GDPR) expected over the coming years, including details of when the guidance will be available.

We have previously reported on the GDPR and the significant impact it will have on all employers in the UK.

The ICO has indicated that it will be offering detailed support around the GDPR. There will be three phases to this.

Phase One includes:

  • building on the ICO's 12-step checklist by producing guidance to assist organisations with understanding and preparing for the key changes coming out of the new legislation;
  • publishing an overview of the GDPR and guidance around individuals' rights, contracts, consent and privacy notices;
  • contributing to European level guidance. By the end of 2016, the Article 29 Working Party aims to publish guidance on identifying an organisation's main establishment and lead supervisory authority, data portability, Data Protection Officers, risky processing, Data Protection Impact Assessments and certification. These are some of the key changes coming out the GDPR; and
  • developing the ICO's thinking on risk and significant/legal effects, profiling, children's privacy, documentation, data controllers, data processors and international transfers.
Phase Two includes:

  • developing an EU data protection guidance structure (EUDP guidance structure);
  • reviewing and mapping existing ICO content to the EUDP guidance structure; and
  • developing practical tools and resources to assist organisations with compliance.
Phase Three includes:

  • writing and finalising the ICO's guidance;
  • signposting or translating European level guidance;
  • completing the development of practical tools;
  • carrying out a review to ensure that the ICO has met its objectives; and
  • establishment a plan to update the guidance as the ICO's experience with the GDPR develops.
The ICO will publish the guidance on its dedicated data protection reform website. We shall continue to keep you updated as and when the guidance is published.
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