No Grace Period For GDPR Enforcement

King & Spalding
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On 15 March 2017, Steve Wood, the Head of International Strategy & Intelligence for the Information Commissioner’s Office (“ICO”) (the UK’s data protection authority), confirmed during a keynote speech at the International Association of Privacy Professionals’ Data Protection Intensive in London that there would be no grace period for enforcement under the General Data Protection Regulation (“GDPR”), which comes into force in May 2018.

His remarks are critical in warning relevant entities that penalties for non-compliance with the most powerful piece of data legislation to be introduced will be available immediately as it enters into force. The ICO acknowledges that organisations may still require time to prepare before the GDPR enters into force to clarify its requirements and to obtain guidance over the finer details, such as the changes around the requirements for giving consent and to avoid the severe consequences of non-compliance.

The ICO has responded to concerns about the scope of GDPR by focussing on “a common-sense, pragmatic approach to regulatory principles.” Accordingly, the ICO has stated that it will work with organisations by concentrating on risk, accountability and transparency. To that end, the ICO is currently holding a public consultation on its consent guidance which emphasises to data controllers that they must provide individuals with an explicit choice and effective control over their personal data in the form of fair and accessible consent mechanisms.

With regard to accountability, the ICO has published privacy notices on its website to help organisations meet the requirements under the GDPR on producing and organising accessible and multifaceted information. Wood declared that businesses should embed a comprehensive sense of responsibility for guarding data throughout their organisation and across members of staff in the event that the ICO investigates any potential non-compliance with the GDPR.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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