What is GDPR?
The EU General Data Protection Regulation (GDPR) replaced the Data Protection Directive 95/46/EC in May 2018.
The GDPR totally revamps data legislation across Europe and is designed to:
- Harmonise data privacy laws across Europe;
- Protect and empower all EU citizens in terms of their data privacy;
- Severely penalise those who commit personal data breaches; and
- Reshape the way businesses control and/or process EU citizen’s personal data.
At Conor McLaughlin & Associates our experienced Solicitors will guide you in enforcing your rights, such as pursuing Data Controllers who have breached your rights under GDPR.
The GDPR places absolute importance on the right of the EU Citizen with respect to their personal data. The GDPR imposes certain requirements on businesses in terms of how they collect, use, store and delete your personal data or sensitive personal data. Businesses are obliged to make sure your data is accurate, up to date and available to you. More importantly it is incumbent on the business to only use your personal data or sensitive personal data for its intended purposes. If your data is no longer needed for its intended purpose, it must be deleted.
If your Medical advisors, Gym or favourite Airline shares, profits or misuses your personal data or sensitive personal data, you may seek compensation.
Contact us if you have been affected by a data breach or if your personal information has been compromised. Phone our Donegal office on +353 (0)71 984 1322 or Dublin office on +353 (0)1 255 24882.
How do I know if my Personal data has been breached?
Any business that has committed a GDPR breach must notify those affected. A breach may be communicated by traditional means or through the media or the company website. You may also be made aware of a data breach through a third party. A personal data breach can range from unwelcome and unsolicited correspondence from those businesses offering services to identity theft and fraud on your bank account. Nowadays your personal data is incredibly valuable to businesses.
How does GDPR help me?
GDPR provides for significant penalties for Data Controllers and Data Processors in the event of a data breach i.e. a breach of security leading to the accidental or unlawful destruction, loss, alteration, or unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.
At Conor McLaughlin & Associates, we have the knowledge and experience to advise on all aspects of Data Protection. We will advise you on how to make a request under GDPR along with making complaints to the Data Protection Commissioner.
Under GDPR you have the following rights:
- Right to be informed as to how your personal data is being processed;
- Right to obtain a copy of any information relating to you kept on computer or in a structured manual filing system;
- Right to receive a copy of all data held by a Data Controller within one month of the request been received;
- Right to rectification of data;
- Right to be forgotten, meaning the right to obtain from the Data Controller the erasure of personal data without undue delay;
- Right to restrict further processing of your personal data where specified grounds arise; and
- Right to object to processing.
If an individual is not satisfied with the response, they receive from the Data Controller they may make a complaint to the Data Protection Commissioner or institute legal proceedings.
Legal Services Offered:
- Advice on GDPR breaches;
- Compensation claims for GDPR breaches; and
- Advices regarding other infringements of your rights.
Call us on +353 (0)71 984 1322 or +353 (0)1 255 24882 for more information on our services or book a consultation.
If a business holds, uses or benefits from your personal data or sensitive personal data it is their legal obligation to make sure that data is fully protected from all potential breaches. Further they must only use that data for its intended purposes and those purposes should have been made clear to you.
It is clear from recent media reports that unfortunately many businesses are not complying with their legal obligations. It would appear that in many cases business are processing your valuable personal data and sensitive personal data for their own benefit regardless of how you intended it to be used.
At Conor McLaughlin & Associates we understand the upset, impact and possible embarrassment of suffering a data breach and are here to help you through that experience. Our Data Protection Solicitors will assist you to make a claim for compensation. While compensation may not totally undo the damage caused it will go some way to ease your financial losses and emotional distress.
Our 5-stage process
A consultation with our Data Protection Solicitors will help them to understand the nature of the breach and allow them to strategize the best path forward for you.
Our Data Protection Solicitors will require copies of all relevant documentation in order to fully consider the breach.
Based on stages 1 and 2 above our Data Protection Solicitors issue a letter of advices advising you as to the strength of your claim.
- Resolving of Matter
At this point we approach the business who has committed the Data Protection breach in an effort to resolve matters holistically and swiftly.
If Stage 4 is unsuccessful, we will advise you on the merits of pursuing Court Proceedings with a view to achieving the best possible approach for you.
Contact us if your personal information has been compromised. Phone us on +353 (0)71 984 1322 or +353 (0)1 255 24882.