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Following data protection rules is an essential aspect of doing business in Romania, as well as in other EU countries, and it's imperative for foreign clients to understand the EU legal sector.
In this article, is provided an overview of data privacy regulations applicable.
GDPR Compliance
Data privacy compliance
Romania, as a European Union (EU) member state, complies with the General Data Protection Regulation (GDPR), the EU framework for data protection.
The GDPR sets high standards for the processing and protection of personal data, highlighting transparency, accountability, and the rights of data subjects.
Data Controller and Data Processor (DPA)
Data protection rules distinguish between data controllers (who determine the purpose and means of data processing) and data processors (who process data on behalf of data controllers).
It's essential to understand their roles and responsibilities in these capacities and also to conclude and agreement in this respect (i.e., data processing agreement)
Consent and Transparency
One fundamental principle of GDPR is obtaining a clear consent from the data subjects for data processing. Data controllers should be transparent about how personal data is used, ensuring that data subjects are fully aware of the processing activities details,
Data Subject Rights
Data privacy rules provide strong rights to data subjects, including the right to access their data, correct imprecisions, delete data (the "right to be forgotten"), and object to processing in certain situations. You should ensure compliance with these rights.
International Data Transfers
Transferring personal data outside the European Economic Area (EEA) or the European Union (EU) requires careful considerations.
Data protection rules reflect that data may only be transferred to countries with an "appropriate level of data protection" or under specific safeguards, such as standard contractual clauses or binding corporate rules.
Data Breach Reporting
Under the GDPR rules, data breaches should be reported to the appropriate supervisory authority within 72 hours.
Data protection regulations impose to data controllers and processors accountable for notifying both authorities and data subjects about breaches in a timely and efficient manner.
Data Protection Impact Assessments (DPIAs)
For processing operations with a high risk for the rights of individuals, a Data Protection Impact Assessment (DPIA) is mandatory.
It involves a systematic analysis of the processing operations' impact on data protection, and you should ensure compliance with this requirement.
Data Protection Officer (DPO)
Certain entities are required to appoint a Data Protection Officer (DPO) who monitors compliance with data protection rules. You need to understand whether you are subject to this requirement and appoint a DPO as required.
Fines and Penalties
Non-compliance with data protection rules can result in substantial fines and penalties. Understanding and complying to these regulations is essential to avoid financial penalties.
Legal Expertise for Data Protection Compliance
Legal professionals can offer tailored guidance and support in achieving full compliance with these regulations.
Conclusion
Data protection regulations, in line with the GDPR, present an accurate framework for safeguarding personal data.
You should be well-informed in the principles of GDPR compliance, about your role as data controller or processor, and the legal obligations related to data protection.
Seeking the counsel of a law firm is essential to ensure compliance, mitigate risks, and uphold the highest standards of data protection within GDPR borders.
If you have any questions or need legal advice regarding data privacy compliance, please contact us at: office@cristinatudor.ro or by phone at (+40)766.706.561.
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