The General Data Protection Regulation: Marxman Advocaten launches privacyscans

The General Data Protection Regulation

Marxman Advocaten launches privacyscans

Privacy is a hot topic in Europe. In May 2016 the so-called General Data Protection Regulation (GDPR) entered into force. The GDPR unites legislation concerning personal data of individual member states into a new regulation that applies to all EU member states. According to the GDPR, each company is expected to bring their day-to-day policy in line with the GDPR before the 25th of May, 2018. Any company that fails to do so, is liable to a fine of up to € 20 million or 4% of the company's annual worldwide turnover.

In the Netherlands, the GDPR will replace the Personal Data Protection Act (PDPA). Compared with the PDPA, the GDPR imposes more obligations to companies in terms of actually being able to prove that all the requirements prescribed by the GDPR are met with.

To assist companies in implementing the GDPR into their day-to-day policy, Marxman Advocaten developed several so-called privacyscans. These are specifically the All-round Privacyscan, the HR Privacyscan, the Privacyscan for first-line medical care providers and the BVO Privacyscan (for the pro football league).

The All-round Privacyscan is an online tool that quickly and easily analyses the current privacy policy within an organization and indicates necessary improvements. After answering a number of questions concerning personal data and the company's privacy policy, the company will receive an advisory report based on the answers provided. This advisory report gives the company further information and guidelines concerning how to implement the GDPR. The advisory report can also be the starting point for follow-up work (i.e. providing drafts of documents such as a data processing agreement, data security breach protocol or a general privacy policy). The All-round Privacyscan is suitable for all companies.

Furthermore Marxman Advocaten developed some sector-specific privacyscans. The technical process is in essence the same as the All-round Privacyscan. The HR Privacyscan has been developed for HR departments of companies. These departments process large amounts of information concerning for example sickness absence, camera surveillance and selection procedures. This should be handled with care, since it often involves personal and sensitive data. Recently also a privacyscan for first-line medical care providers has been developed, since medical care providers always process sensitive medical data. Furthermore, in the Netherlands medical care providers have to meet some specific additional legal requirements concerning personal data. Lastly the BVO Privacyscan was developed. This is a privacyscan for professional football organizations and was been developed in collaboration with the Dutch Federation of Professional Football Organizations (FBO).

The abovementioned privacyscans are a resounding success. Many organizations (existing and new clients) have shown their interest. The privacyscans are made available via the website www.avgscan.nl. Please don't hesitate to contact us if you'd like more information. International collaborations with CONSULEGIS firms can also be discussed.
Theo Stockmann, lawyer Intellectual Property, Privacy, Dataprotection & ICT stockmann@marxman.nl / telephone number +31 (0)33 450 8000

Jenneke Kamp, lawyer Intellectual Property, Privacy, Dataprotection & ICT kamp@marxman.nl / telephone number +31 (0)33 450 8000