Hungary: EU General Data Protection Regulation
The European Parliament and the Council have adopted Regulation (EU) 2016/679, the General Data Protection Regulation ('GDPR')
The GDPR will apply to organisations not established in the EU with the following conditions: the processing of the personal data of EU data subjects when offering them goods and services (even if payment is not required) and monitoring their behaviour (in so far as their behaviour takes place within the EU).
The GDPR regulates the matter of consent more strictly. Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication such as by a written statement, including by electronic means, or an oral statement. The data subject shall have the right to withdraw his or her consent at any time.
The GDPR strengthens the rights of individuals. With the ‘right to be forgotten’ the data subjects have the right to require the erasure of personal data concerning them without undue delay in certain situations, e. g. when the personal data are no longer necessary in relation to the purposes for which they were collected.
On the other hand the GDPR places an additional burden on the data processors. The keystone of the regulation is that the controller should be obliged to implement appropriate and effective measures and be able to demonstrate the compliance of processing activities with the GDPR including the effectiveness of the measures.
Dr. György Zalavári Senior Partner, attorney at law, ECOVIS Hungary Legal, Budapest, Hungary, email@example.com
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