Decades ago, if you’d been questioned whether you had the right to control who had access to your private and personal data, you’d most likely have expressed a muddled look. Coming to the present day, when data violations are everywhere, our personal data is not secured and trading like money. There is a very huge debate on ownership of the data. So In this article, we will look at the basics of GDPR — What it is, Who it’s directed to, How high fines are and — the most important point — What does EU’s GDPR mean for Website and Mobile App Owners? Let’s review if your website or app is GDPR Complaint!
The European Union (EU) took a powerful stand in favor of individual rights with the General Data Protection Regulation (GDPR). It has been applied on May 25, 2018. The GDPR is monochromic about the fact that individuals own their data. And thus have enforceable rights with respect to it. It establishes rules about how organizations are authorized to use that data. Also, the consequences if they fail to comply. The GDPR Complaint marked as the biggest revolution in data privacy regulation in more than two decades.
In May 2016, The GDPR was first made public and giving impacted organizations two years to comply. While most public organizations and businesses in Europe have already given those years concentrating on updating their applications or website, regulations, and methods to ensure compliance, much US-based organization are still unclear about what the GDPR means for their businesses. To understand how EU’s GDPR Mean for Your Website and Mobile App, read on.
What does GDPR mean?
The GDPR 2016/679 is a regulation in Europe law on data privacy and protection enacted by the European Union. It is intended to give explicit control over EU citizens’ personal data to its subjects. It’s aimed to regulate how businesses, governments, and other institutions use personal data. Across the region, they initiated standardized requirements and safeguards to protect residents of the EU. The Regulation was affirmed in April 2016 and it became enforceable from May 2018, after a two-year transition time.
So, what does GDPR Complaint mean for the website and mobile app?
Never back have the requirements of app users in this area been so well and comprehensively protected. That’s why we possess to take a fresh glimpse to make the website or mobile app GDPR complaint.
The regulation itself does not carry any exact stepwise guidelines. It only guides us about general rules that we must consider while developing a website or mobile app.
Of course, it depends on the website and app. But at the highest level, you need to be completely transparent to your users about how exactly you are collecting and utilizing any personal data about Europian residents that flows through the website or app. It may expect to perform some UI/UX modifications to document the user’s ongoing informed consent and explain how, where, and in what form that data is being stored.
Does the GDPR apply to the US-based Organizations?
Would an EU or UK citizen potentially use your app or website while they are in the EU or UK? If yes, the GDPR does apply. (When it goes into effect, the UK will still be a member of the EU; thus, the GDPR wrote into UK law, remaining in effect post-Brexit.) In short, from this point forward, please understand “EU citizen” to cover citizens of both the EU and the UK.
To be specific:
The GDPR applies to your mobile app or website if, targeting to market and provide your services to people and you collect personal information from someone physically located in an EU country. For example, if someone downloads your application from the US or UK App Store but they live in EU, it still applies. The GDPR does not apply, however, when EU resident is outside of EU when they collect the data.
What do we need to know about the GDPR?
- The most common way GDPR can affect the website or mobile app is the onboarding process. During the app registration process, if you ask for user’s personal information, you need to be very clear within the app’s user interface as to how the organization will use that data, and then get permission to utilize the data for each purpose.
- The organization must gain explicit permission for the processing of personal data from EU citizens. To obtain that consent, you must define why you need the information, for what particular purposes that information will be used, and how long you plan to store the data, with other requirements. The EU resident must give permission via a positive opt-in which means there must not be “default” setting granting access).
- EU residents are allowed the “right to be forgotten.” That means if an EU citizen has earlier granted permission to process their personal information, they have the right to revoke that consent.
- The organization must report information breaches within 72 hours. The GDPR warrants fines of up to 20M euros (around $24M US dollars) or up to 4% of an organization’s previous year global revenues for not stating a qualifying breach to regulators within 72 hours. In some instances, organizations also require to directly report impacted users within 72 hours or to inform impacted users instantly. Additionally, the organization may be censured and/or undergo temporary or permanent bans on the processing of personal information.
- Citizens may claim for compensation. If an organization hasn’t considered the data protection regulation and as a result, an EU citizen has been affected material (e.g., financial) or non-material (e.g., reputational) damages, the resident has the right to claim for compensation in the court.
How do I know if my website or app is GDPR compliant?
Every website or app is different. We’re happy to review your website or app and offer you our best advice to make your site or app GDPR complaint. Contact us to set up a time to discuss.