The protection of individuals with regard to the processing of personal data is a fundamental right. That is why, due to rapid technological developments and globalisation, the scale of the collection and exchange of personal data has increased significantly.
As a result, defending our interests according to the more robust and consistent framework established by REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR), is one of the priorities of JMB Abogado; whose experience in this field of law offers more than 7 years knowledge as a certified Data Protection Officer.
We must never forget that individuals must have control of their own personal data and that they must be treated according to the following principles:
- Lawfulness, Fairness and Transparency.
- Purpose Limitation.
- Data Minimisation.
- Accuracy.
- Storage Limitation.
- Integrity and Confidentiality.
- Accountability.
What can JMB Abogado do for you?
Your personal rights
As mentioned above, individuals must have control over their own data, so ensuring the protection of such data is of vital importance. If you consider the following rights that GDPR provides, whether you believe that your data has been violated or you simply wish to know how it is being handled, please feel free to contact JMB Abogado for professional help and sound advice.
- Right to Access (art. 15 RGPD)
- Right to Rectification (art. 16 RGPD)
- Right to Erasure (art. 17 RGPD)
- Right to Restriction of Processing (art. 18 RGPD)
- Right to Data Portability(art. 20 RGPD)
- Right to Object (art. 21 RGPD)
- Right not to be subject to Automated Individual decision-making, including profiling (art. 22 RGPD)
Is your business GDPR compliant?
Whether your company acts as a data controller or data processor, knowing whether your business complies with the requirements of the GDPR should be regarded as a priority, JMB Abogado can offer you a wide range of services in this area.
- Establishment of channels for an efficient response to the requirement by the data subject and their rights.
- Training for employees and employers.
- Providing different tools and guides for compliance with the GDPR.
- Supervision of the data protection policy, privacy, confidentiality, registration of processing activities and use of cookies.
- Protection by design and by default.
- Risk Impact Assessment.
- Elaboration of Controller – Processor contracts.
- Assistance in cooperation with the supervisory authority.
- Any other action set out in the GDPR and other data protection provisions of the Union or Member States.
Why all this is so important?
Any person who has suffered damage, whether material or immaterial, as a result of a breach of this Regulation is entitled to receive compensation from the controller and the processor for the harm caused.
Depending on the nature, gravity, duration of the infringement and a number of other factors referred to in Art. 83 GDPR, the amount of the fine incurred can range from a maximum of €10,000,000 or in the case of a company, an amount equivalent to a maximum of 2% of the total annual aggregate turnover of the preceding financial year, up to a maximum of €20,000,000 or an amount equivalent to a maximum of 4% of the total annual aggregate turnover of the preceding financial year.
Therefore, ensuring compliance with the contents of the General Data Protection Regulation should be one of the main priorities for the performance of the duties of the controller and processor of personal data.