General Data Protection Regulation, or GDPR, will overhaul how businesses process and handle data. Our need-to-know GDPR guide explains what the changes mean for you
Europe’s data protection rules are undergoing sweeping changes. To keep up with the huge amount of digital data being created, rules across the continent have been re-written and are due to be enforced. From May 25, 2018, the new mutually agreed European General Data Protection Regulation (GDPR) will update personal data rules.
GDPR will bring outdated personal data laws across the EU up to speed with an increasingly digital era. The previous data protection laws were put in place during the 1990s and haven’t been able to keep pace with the levels of technological change.
When GDPR starts to be enforced by data protection authorities it will alter how businesses and public sector organisations can handle the information of their customers. GDPR also boosts the rights of individuals and gives them more control over their information.
The regulation has spawned a raft of GDPR experts who want to help businesses prepare for the changes GDPR will bring – and make a tidy sum for their expertise.
Elizabeth Denham, the UK’s information commissioner, who is in charge of data protection enforcement, says she is frustrated by the amount of “scaremongering” around the potential impact for businesses. “The GDPR is a step change for data protection,” she says. “It’s still an evolution, not a revolution”. She adds that for businesses and organisations already complying with existing data protection laws the new regulation is only a “step change”.
Still, plenty of confusion remains. To help clear things up, here’s WIRED’s guide to the GDPR.
What is GDPR exactly?
The GDPR is Europe’s new framework for data protection laws – it replaces the previous 1995 data protection directive, which current UK law is based upon.
The EU’s GDPR website says the legislation is designed to “harmonise” data privacy laws across Europe as well as give greater protection and rights to individuals. Within the GDPR there are large changes for the public as well as businesses and bodies that handle personal information, which we’ll explain in more detail later.
After more than four years of discussion and negotiation, GDPR was adopted by both the European Parliament and the European Council in April 2016. The underpinning regulation and directivewere published at the end of that month.
After publication of GDPR in the EU Official Journal in May 2016, it will come into force on May 25, 2018. The two year preparation period has given businesses and public bodies covered by the regulation to prepare for the changes.
- WHEN DOES THE NEW REGULATION START?
- May 25, 2018
- WHO WILL ENFORCE IT IN THE UK?
- The Information Commissioner’s Office
- WHAT’S NEW?
- There are new rights for people to access the information companies hold about them, obligations for better data management for businesses, and a new regime of fines
- DOES BREXIT MATTER?
- The UK is implementing a new Data Protection Bill which largely includes all the provisions of the GDPR. There are some small changes but our own law will be largely the same
Don’t we already have data protection laws?
Each member state in the EU operates under 1995 data protection regulation and has its own national laws. In the UK, the current Data Protection Act 1998 has set out how your personal information can be used by companies, government and other organisations.
GDPR changes how personal data can be used. Its provisions in the UK will be covered by a new Data Protection Act. As noted by data protection expert Jon Baines, the UK’s data protection plan includes everything within the GDPR – although there are some minor changes.
A new data protection Act
The UK government has created a new Data Protection Act, which replaces the previous version that was passed into law in 1998. The 2018 Data Protection Act spent several months in draft formatting passing its way through the House of Commons and House of Lords.
Two days before GDPR was due to come into force the new law completed its journey and became official. It’s full text can be found here. The new Data Protection Act is a complex piece of law, which runs to 353 pages. Largely, it incorporates all the provisions of GDPR but there are some minor differences. Under EU rules, individual countries were able to select some parts of GDPR that could be slightly customised to their desires.
During the publication and passing of the UK’s new data protection law there were some controversies. The law was amended to protect cybersecurity researchers who work to uncover abuses of personal data, after critics said the law could see their research be criminalised. Politicians also attempted to add an amendment to the draft saying there should be a second Leveson inquiry into press standards in the UK but this was dropped at the last minute.
Mat Hancock, the UK government minister who is responsible for data protection, tweeted he was “delighted” the Data Protection Act was passed just before GDPR came into force.
Is my company/startup/charity going to be impacted?
In short, yes. Individuals, organisations, and companies that are either ‘controllers’ or ‘processors’ of personal data will be covered by the GDPR. “If you are currently subject to the DPA, it is likely that you will also be subject to the GDPR,” the ICO says on its website.
Both personal data and sensitive personal data are covered by GDPR. Personal data, a complex category of information, broadly means a piece of information that can be used to identify a person. This can be a name, address, IP address… you name it. Sensitive personal data encompasses genetic data, information about religious and political views, sexual orientation, and more.
These definitions are largely the same as those within current data protection laws and can relate to information that is collected through automated processes. Where GDPR differentiates from current data protection laws is that pseudonymised personal data can fall under the law – if it’s possible that a person could be identified by a pseudonym.
So, what’s different?
In the full text of GDPR there are 99 articles setting out the rights of individuals and obligations placed on organisations covered by the regulation. These include allowing people to have easier access to the data companies hold about them, a new fines regime and a clear responsibility for organisations to obtain the consent of people they collect information about.
Helen Dixon, the data protection commissioner for Ireland, who has major technology company offices under her jurisdiction, says the new regulation was needed and is a positive move. However, she adds that while large businesses are aware of the upcoming changes there needs to be a lot more knowledge in smaller companies, including startups. “One of the issues with startups is that when they’re going through all the formalities new businesses go through, there’s no data protection hook at that stage,” Dixon says.
So, if you’re only just hearing of GDPR, here are some of the bigger changes to be prepared for.
WHO IS IN CHARGE OF GDPR IN THE UK?
- The Department for Culture, Media and Sport is the government arm responsible for ensuring that UK law complies with the requirements of GDPR. The government body is responsible for creating the UK’s Data Protection Bill but won’t have control of the day-to-day elements of GDPR once it is enforced.
- THE REGULATOR
- Once the provisions of GDPR become law in the UK, the Information Commissioner’s Office (ICO) will be responsible for enforcing them. The ICO has the power to conduct criminal investigations and issue fines. It is also providing organisations with huge amounts of guidance about how to comply with GDPR.
Accountability and compliance
Companies covered by the GDPR will be more accountable for their handling of people’s personal information. This can include having data protection policies, data protection impact assessments and having relevant documents on how data is processed.
In the last 12 months, there’s been a score of massive data breaches, including millions of Yahoo, LinkedIn, and MySpace account details. Under GDPR, the “destruction, loss, alteration, unauthorised disclosure of, or access to” people’s data has to be reported to a country’s data protection regulator – in the case of the UK, the ICO – where it could have a detrimental impact on those who it is about. This can include, but isn’t limited to, financial loss, confidentiality breaches, damage to reputation and more. The ICO has to be told about a breach 72 hours after an organisation finds out about it and the people it impacts also need to be told.
For companies that have more than 250 employees, there’s a need to have documentation of why people’s information is being collected and processed, descriptions of the information that’s held, how long it’s being kept for and descriptions of technical security measures in place.
Additionally, companies that have “regular and systematic monitoring” of individuals at a large scale or process a lot of sensitive personal data have to employ a data protection officer (DPO). For many organisations covered by GDPR, this may mean having to hire a new member of staff – although larger businesses and public authorities may already have people in this role. In this job, the person has to report to senior members of staff, monitor compliance with GDPR and be a point of contact for employees and customers. “It means the data protection will be a boardroom issue in a way it hasn’t in the past combined,” Denham says.
There’s also a requirement for businesses to obtain consent to process data in some situations. When an organisation is relying on consent to lawfully use a person’s information they have to clearly explain that consent is being given and there has to be a “positive opt-in”. A blog post from Denham explains there are multiple ways for organisations to process people’s data.
Access to your data
As well putting new obligations on the companies and organisations collecting personal data, the GDPR also gives individuals a lot more power to access the information that’s held about them. At present a Subject Access Request (SAR) allows businesses and public bodies to charge £10 to be given what’s held about them.
Under the GDPR this is being scrapped and requests for personal information can be made free-of-charge. When someone asks a business for their data, they must stump up the information within one month. Everyone will have the right to get confirmation that an organisation has information about them, access to this information and any other supplementary information. As Dixon points out, big technology companies, as well as smaller startups, will have to give users more control over their data.
As well as this the GDPR bolsters a person’s rights around automated processing of data. The ICO says individuals “have the right not to be subject to a decision” if it is automatic and it produces a significant effect on a person. There are certain exceptions but generally people must be provided with an explanation of a decision made about them.
The new regulation also gives individuals the power to get their personal data erased in some circumstances. This includes where it is no longer necessary for the purpose it was collected, if consent is withdrawn, there’s no legitimate interest, and if it was unlawfully processed.
One of the biggest, and most talked about, elements of the GDPR is the power for regulators to fine businesses that don’t comply with it. If an organisation doesn’t process an individual’s data in the correct way, it can be fined. If it requires and doesn’t have a dat
These monetary penalties will be decided upon by Denham’s office and the GDPR states smaller offences could result in fines of up to €10 million or two per cent of a firm’s global turnover (whichever is greater). Those with more serious consequences can have fines of up to €20 million or four per cent of a firm’s global turnover (whichever is greater). These are larger than the £500,000 penalty the ICO can currently wield and, according to analysis, last year’s fines would be 79 times higher under the new regulation.
But Denham says speculation that her office will try to make examples of companies by issuing large business-crippling fines isn’t correct. “We will have the possibility of using larger fines when we are unsuccessful in getting compliance in other ways,” she says. “But we’ve always preferred the carrot to the stick”.
Denham says there is “no intention” for overhauling how her office hands out fines and regulates data protection across the UK. She adds that the ICO prefers to work with organisations to improve their practices and sometimes a “stern letter” can be enough for this to happen.
“Having larger fines is useful but I think fundamentally what I’m saying is it’s scaremongering to suggest that we’re going to be making early examples of organisations that breach the law or that fining a top whack is going to become the norm.” She adds that her office will be more lenient on companies that have shown awareness of the GDPR and tried to implement it, when compared to those that haven’t made any effort.
WHAT IS PERSONAL DATA?
- THE KEY TERMS
- GDPR and other data protection laws rely on the term ‘personal data’ to discuss information about individuals. There are two key types of personal data in the UK and they cover different categories of information.
- WHAT IS PERSONAL DATA?
- Personal data can be anything that allows a living person to be directly or indirectly identified. This may be a name, an address, or even an IP address. It includes automated personal data and can also encompass pseudonymised data if a person can be identified from it.
- SO, WHAT’S SENSITIVE PERSONAL DATA?
- GDPR calls sensitive personal data as being in ‘special categories’ of information. These include trade union membership, religious beliefs, political opinions, racial information, and sexual orientation.
How to prepare your business for GDPR
When implemented, GDPR will have a varying impact on businesses and organisations: for instance, not every company will require a data protection officer. To help prepare for the start of GDPR, the ICO has created a 12-step guide.
The guide, which is available here, includes steps such as making senior business leaders aware of the regulation, determining which info is held, updating procedures around subject access requests, and what should happen in the event of a data breach. In Ireland, the regulator has also setup a separate website explaining what should change within companies.
The ICO says that “many of the GDPR’s main concepts and principles are much the same as those in the current Data Protection Act (DPA)”. It adds for businesses already complying with the current data protection law, its highly likely they will be meeting many of the GDPR principles.
As well as this guidance, the ICO says it is creating a phone serviceto help small businesses prepare for GDPR. The service provides answers about how small companies can implement GDPR procedures.
What if we don’t comply from day one?
Businesses and organisations impacted by GDPR have had two years to get their systems ready. But things don’t always go to plan. It’s likely that many firms will not be entirely ready for GDPR. The UK information commissioner has stated she won’t be looking to make examples of companies by issuing large fines when they’re not deserved.
The ICO largely takes a collaborative approach to enforcement. Denham has said her office will look to engage with companies rather than issue them with punishments straight away. Companies who have shown awareness and taken steps to comply with GDPR are likely to be treated better than those who haven’t done any work around it.
What is big tech doing?
Technology’s biggest players aren’t exempt from GDPR, despite many of their head offices being based in the US. Where users are registered to an office within Europe – often this is in Ireland – they will be covered by the new regulation.
However, Facebook has quietly decided to move around 70 per cent of its users to be registered in the US, instead of Ireland. This means they will be out of the scope of GDPR’s requirements. The company says it is giving everyone the same privacy protections – no matter where they live or are registered.
Google has also issued notifications to all of its users reminding them to update their setting and review what data is collected about them. It has also updated the settings around its ads as well as building a page for the businesses it works with.
Officials haven’ been impressed by some of the moves from tech firm. Giovanni Buttarelli, the European data protection supervisor, has written a blog post criticising Facebook’s handling of the Cambridge Analytica affair.
“The most recent scandal has served to expose a broken and unbalanced ecosystem reliant on unscrupulous personal data collection and micro-targeting for whatever purposes promise to generate clicks and revenues,” Buttarelli wrote. “In such a distorted environment everyone must now participate, instilling the paradoxical sense of being more and more monitored and yet less and less known and respected by the small number of remote tech powers.”
Looking for more?
We don’t claim to have all the answers. In between a lot of GDPR hype there are some incredibly useful resources that have been published on the regulation. Here’s where to go if you’re looking for more in-depth reading:
– The full regulation. It’s 88 pages long and has 99 articles.
– The ICO’s guide to GDPR is essential for both consumers and those working within businesses.
– EU GDPR is full with information on the regulation. It details all you need to know and has a handy countdown clock for when GDPR will come into force.
– The EU’s Article 29 data protection group is publishing guidelines on data breach notifications, transparency, and subject access requests.
This article was originally published in August 2017. It has since been updated with more information and resources about GDPR.
WHAT’S THE DIFFERENCE BETWEEN A DATA CONTROLLER AND PROCESSOR?
- THE DIFFERENT TERMS
- Not everyone that handles the personal data of individuals is the same and data protection laws allow for this by having two different terms: controller and processor. Here’s what they mean.
- A controller is an entity that decides the purpose and manner that personal data is used, or will be used
- The person or group that processes the data on behalf of the controller. Processing is obtaining, recording, adapting or holding personal data
Samsung harps on picture quality, smart apps in new OLED TV
Samsung Electronics at the weekend said picture quality and smart applications are supposed to be the hallmarks of new generation television technology, the OLED brands. Samsung The company said this was the result of long years of research which it carries out before releasing latest brands. These two qualities, according to the company are majorly what differentiates its new line of OLED TVs from competition. Announcing the debut of the brands recently in Lagos, Chief Marketing Officer at Samsung Central Africa, Dudu Mokholo, said the 2019 OLED brands are powered by Samsung’s proprietary Quantum Processor, . “The line-up features more screen size options, stunning picture quality enhancements, dazzling colours from every angle, exciting new design elements and intuitive smart TV upgrades. As part of this special launch, those who purchase a 2019 QLED TV between July and August 2019will receive a Samsung UHD or FHD TV for free. “Our 2019 QLED line is designed for users who want the best combination of picture quality, smart TV capabilities and design. This year’s line-up represents our largest screen size offering ever. It brings together innovative feature enhancements and exciting content and service partnerships to deliver a truly ground-breaking viewing experience and unprecedented value. “The 2019 Q80 feature ‘Ultra Viewing Angle’ technology, which restructures the TV’s panels so the backlight passes through the panel with lights evenly onto the screen. Engineered to reduce glare and enhance colour, Ultra Viewing Angle provides a vibrant picture regardless of where you’re sitting. In addition, Q80, and Q900 models offer Direct Full Array technology that uses a panel featuring concentrated zones of precision-controlled LEDs. These LEDs adjust automatically to display deeper blacks and purer whites, delivering stunning images with pristine contrast. “Q900 Series 8K TVs incorporate Samsung’s proprietary Quantum Processor 8K, which up-scales lower resolution content. Depending on the content,it can allow for playback close to crystal clear 8K resolution. This year’s models also utilise the Quantum Processor 8K that optimises audio and video to the specific content on the screen. It can create an even more detailed sound experience by tailoring the audio settings to the specific layout of the room. Samsung’s new QLED 4K models also feature their own proprietary Quantum Processor 4K, which can use AI upscaling to deliver improved brightness, picture quality and sound optimised for each scene” he added. Samsung’s2019 QLED range has unique user experience by offering iTunes Movies and TV Shows and Apple AirPlay 2 support.
What Apple’s products could look like without Jony Ive leading design
Ive and his team of close-knit industrial designers have blessed the world with many iconic products, including the iMac, iPod, iPhone, iPad, and Apple Watch over the last 20 years.
These are all devices that have changed the world. But in some ways, Ive’s obsession with stripping everything down to its purest form has also been the source of much frustration for users. Instead of products that provide the best form and function, in recent years, Apple products have felt too compromised.
Though many will view Ive’s departure from Apple as a turn for the worse — “The genius of Steve Jobs and Ive will never be matched; Apple is doomed!” — I see his leave as an opportunity for the company to embrace a new chapter of more sensible devices. Devices that are familiar, but better suit the many different kinds of users that have helped grow Apple into one of the most valuable companies in the world.
It’s unlikely Apple without Ive will vomit a dizzying lineup of new devices the same way the company did in the late ’80s to early ’90s under former CEO John Sculley. And I don’t expect Ive’s influence to suddenly disappear overnight.
However, I strongly feel Apple’s industrial designers are at inflection point where they can step out of Ive’s shadow and improve on existing products by breaking with some of the principles he was so unrelenting on.
A decade since the iPhone’s introduction, Apple’s most revolutionary product now faces fierce assault from every direction. The iPhone no longer has one main rival (Samsung), but myriad competition, especially from China (Huawei, Xiaomi, OnePlus, Oppo, etc.)
iPhone sales flatlined as prices became too high, hardware became more than good enough to last beyond two years, and Android phone alternatives have introduced irresistible mobile innovations such as notch- and hole-free displays, in-display fingerprint readers, and cameras capable of shooting ultra-wide photos and stunning night shots.
In comparison, the iPhone — as fantastic as the iPhone XR and XS/XS Max are — feel like they’re falling behind. This year’s new iPhones are expected to keep the same designs but add an ultra-wide camera inside of a big protruding bump.
New software and services, faster performance, and improved cameras are all great features, but consumers want more visible change for the iPhone.
Under Ive, the iPhone went on a diet until it became arguably too thin with the iPhone 6, which culminated in bendgate. Slowly, but surely, the iPhone has thickened with each new model going from the iPhone 6’s 6.9mm profile to 8.3mm on the iPhone XR.
I can’t speak for everyone, but anecdotally, I see more people with iPhone XRs than iPhone XS or XS Max. Not to mention almost everyone puts their iPhones in cases or carries battery packs or cases. This suggests to me people might not mind a thicker phone if the tradeoff’s for, say, a bigger battery or a camera that doesn’t jut out. It would be smart for Apple’s industrial team to take these use cases into consideration for any future iPhones.
“Consumers want more visible change for the iPhone.”
We’ve been hearing for years that the iPhone might switch to USB-C. It hasn’t happened under Ive’s watch. USB-C would mean one less proprietary cable to carry around. While it seems unlikely Apple would sever the healthy revenue it collects from third-party companies that license its Lightning tech, a thicker iPhone — even a millimeter or two — would allow physical room for USB-C to fit. USB-C would also endow the iPhone with iPad Pro-like functionality, like the ability to connect to monitors and USB-C flash drives.
A new smaller iPhone with a notch-free display and in-display Touch ID fingerprint reader could also compete with Android phones with the same features. Analyst Ming-Chi Kuo claimsa 5.4-inch iPhone is reportedly slated for 2020 and a Credit Suisse analyst says Apple’s working on an in-display fingerprint reader, despite insisting Face ID is the better and more natural biometric system for iPhones.
Future MacBooks and iMacs
I’ve outlined before what the death of the 12-inch MacBook could mean for future Apple laptops. Namely, this is Apple’s chance to kill its almost controversial “butterfly keyboard” and switch back to scissor-style keys with more travel. Similarly, Apple can dump the Touch Bar and bring back the row of function keys while still keeping Touch ID inside of the power button like on the MacBook Air.
Like the iPhone, I wouldn’t mind if Apple made the MacBook Air and Pro marginally thicker and heavier to add in a touchscreen (gorilla arm is such a myth), higher-resolution webcam with Face ID, a memory card slot, and MagSafe. These features would put MacBooks more on par with Windows-powered alternatives such as the excellent Surface Laptop 2 and Google Pixelbook.
And while Apple’s at it making MacBooks a few hairs thicker, why not make internal components like the storage, RAM, and battery user-replaceable again? Soldering the SSD and RAM is good for making thin machines, but terrible for upgrades, repairs, and adds to e-waste.
iMacs could also use a post-Ive revamp beyond a space gray colorway; the current design’s gone virtually unchanged since 2012. As a desktop — a computer that doesn’t move around much (if ever) — Apple has a lot more room to be bolder.
Who is the iMac for? What do people want it to do that it can’t? I imagine creatives would love an iMac that borrows from Microsoft’s Surface Studio 2 and has drafting table-like capabilities. A touchscreen with multi-touch and Apple Pencil support using a tilting stand would be neat.
Design-wise, I’d love a Retina display that reaches closer to the edges with slimmer bezels like on the upcoming Pro Display XDR and does away with the iMac’s “chin.”
Face ID login, a new Magic Mouse that corrects this horrendous can’t-use-while-charging design, and user-swappable storage and RAM, or even a screen that rotates vertically like the Pro Display XDR would reimagine the iMac as a formidable modern all-in-one computer.
Apple Watch, Apple TV, HomePod, and beyond
The Apple TV could become the game console it’s always been meant to be with its own Apple-designed gamepad; it makes even more sense with the launch of Apple Arcade this fall. The Apple TV’s Siri Remote could also use tweaking — small changes so that it’s easier to know which side is up or down.
The sky really is the limit for the industrial design team Ive leaves behind. I’m not saying they should run wild and pull a Samsung with future iPhones or MacBooks that use unproven technologies like foldable screens or even release the rumored AR glasses. But bumping utility — real practical needs — higher up on the priority list could help ring in a new Apple era that’s less tone deaf.
For World Emoji Day, the Unicode Consortium redesigns its site to be more user-friendly
Ahead of World Emoji Day on Wednesday, July 17, Apple and Google announced plans to bring an expanded set of emoji to their respective platforms. Today, the Unicode Consortium, the nonprofit organization responsible for determining which emoji get the green light, is relaunching its website with an updated, modern design that aims to make its information more accessible to the general public.
Before, its website design was very basic — just text and links to various pages about the Consortium itself, the standard, miscellaneous FAQs, projects in progress and other information. It looked like a technical resource, and certainly one that hadn’t been updated in years.
With an outdated layout, ancient social share buttons and boring font choices, it really looked more like an ancient government website than a resource designed for public consumption.
Above: the old site
That changes with the redesign. Not only is the site more mainstream-friendly, it more actively encourages participation and involvement from the public.
“Unicode is a global technology standard that is one of the core building blocks of the internet,” said Unicode board member Greg Welch in an announcementabout the changes to the site. “Unicode has helped facilitate the work of programmers and linguists from around the world since the 1990s. But with the rise of mobile devices and public enthusiasm for emoji, we knew it was time to redesign the Unicode website to make information more easily accessible, and increase community involvement,” he says.
Above: the Emoji section on the new site
Although the Consortium itself is focused more broadly on developing text standards, their work with emoji now gets the most attention. Today, emoji are used by 92% of the world’s online population, which has put the organization into the spotlight, it says.
The updated site was built with help from a team of designers from Adobe, and features a homepage covered in emoji. The main navigation directs visitors to information about emoji, including how to submit a proposal for a new emoji (which is still not a user-friendly a process), as well as information about “adopting” an emoji — that is, a way to offer a tax-deductible donation to the Unicode Consortium while gaining access to a custom badge you can show off on your own website or social media accounts.
There are currently 136,000 emoji available for “adoption,” the organization notes, including the newly announced additions like the sloth, sea otter, waffle and Saturn.
The new site is definitely more attractive and easier to use following the redesign. But for those who miss the classic look, it’s still live at http://unicode.org/main.html. (Often, you’ll hit the old site when you click through links from the new one. The redesign only goes so deep, it seems.)
While the redesign is welcome, people in search of information about their favorite emoji — like, how it looks on different platforms, when it was officially added or what the emoji means, for example — may find the website Emojipediaa better bet.
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