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European General Data Protection Regulation – GDPR

The coming into force of the European General Data Protection Regulation – GDPR must be taken into consideration by all the countries outside the European Union, since this applies to the processing of personal data of people who resides in the European Union by people that are within or out of it, when the activities are related with the offer of goods and services; so who offer legal services or others for people in these countries, must take into account its regulation in order to avoid to contravene it or violate it.

For the protection of the personal data information of natural persons, the subject of said data must, in virtue of this regulation through a clear affirmative act, reflect its free, specific and informed will to accept the processing of data of personal nature that is providing, inclusive when this information is provided by electronic data. This declaration may be made through declarations in the same websites. Is really important that who provides its personal information become aware of the use that will be made with said information and that also expresses to have this knowledge and to be agree with the same.

This regulation points out as an obligation to inform to the subject of the data the purpose and processing that will have their information, in an accessible and comprehensible way, indicating risks, rules, safeguards, rights and how to enforce them; in other words, the subject must be informed of who is the data manager, how it is managed, with what purpose they save said information, how the manager safeguards said information, whether there are any kind of risks by providing the information requested by the manager, etc.; all of these in a clear and accessible language, before the subject provides their personal data. Also, it must be clear the option they have to remove their personal information or to request to unsubscribed, which shouldn’t be a long procedure and this option must also be previously informed and be available for consultation at all time.

Mayra Navarrete Crovetto
Senior Asociate
García & Bodán