CentreO Blog

Below is a follow up on the new EU General Data Protection Regulation (GDPR), and an overview of the new data subject rights. Take time to review and make sure you’re aware of the specific processes and actions that your company needs to take to adhere to your users’ rights.

 

Data Subject Rights

Breach Notification

• It will become mandatory to notify users in all member states where a data breach is likely to “result in a risk for the rights and freedoms of individuals”. This must be done within 72 hours of becoming aware of the breach.

Right to Access

• Subjects have the right to obtain from the data controller confirmation as to whether or not personal data concerning them is being processed, where, and for what purpose.

Right to be Forgotten

• The right to be forgotten secures the right of the data subject to request the data controller to erase his/her personal data, cease further dissemination of the data, and potentially revoke the right of third parties to continue processing the data.

Data Portability

• The right for a data subject to receive the personal data concerning them, which they have previously provided in a ‘commonly use and machine readable format’ and have the right to transmit that data to another controller.

Privacy by Design

• This directive calls for the inclusion of data protection from the onset of the designing of systems, rather than as an addition. More specifically – ‘The controller shall…implement appropriate technical and organisational measures…in an effective way…in order to meet the requirements of this Regulation and protect the rights of data subjects.”

 

Data Protection Officers

• Under GDPR it will not be necessary to submit notifications / registrations to each local DPA of data processing activities, nor will it be a requirement to notify / obtain approval for transfers based on the Model Contract Clauses (MCCs).

 

Conclusion for Data Subject Rights:

• The user must be informed of a breach and they have the right to know the usage of their personal data, as well as receive personal data that concerns them
• The user has the right to request their information deleted/halted
• Companies using others’ personal data will invest in proper technology and organizational assets to meet requirements of the GDPR
• There is also a more homogeneous control in the European Union regarding personal data privacy

 

For more information please visit https://www.eugdpr.org.

*The above information is extracted and simplified from eugdpr.org. Centre O is a business resource centre in Hong Kong and we provide no warranty that the information listed above is accurate, up-to-date or complete and in no circumstance does the information constitute legal advice. You are responsible for independently verifying the information, if you intent to rely upon or use it in any way.

As of May 25th, 2018, the EU General Data Protection Regulation (GDPR) has been put into effect. Replacing the Data Protection Directive from 1995, the GDPR is adjusting how organizations across the region handle their data privacy and creating a unified set of data privacy laws to help protect and recognize all EU citizen’s data privacy. Below, you can read some of the significant highlights from the GDPR and how these changes may affect your business.

 

Business Impact

Increased Territorial Scope

• There is an extended jurisdiction of the GDPR, as it applies to all companies processing the personal data of data subjects residing in the Union, regardless of the company’s location

Penalties

• GDPR organizations in breach of GDPR can be fined up to 4% of annual global turnover or €20 million (whichever is greater).

Consent

• Companies will no longer be able to use long illegible terms and conditions full of legalese, as the request for consent must be given in an intelligible and easily accessible form, with the purpose for data processing attached to that consent.

 

Conclusion for Business Impact:

• A broader outreach for what constitutes a company to be ‘processing personal data’ in the European Union
• Higher penalties for breach of GDPR
• Need for shorter, more legible terms and conditions

 

For more information please visit https://www.eugdpr.org. 

*The above information is extracted and simplified from eugdpr.org. Centre O is a business resource centre in Hong Kong and we provide no warranty that the information listed above is accurate, up-to-date or complete and in no circumstance does the information constitute legal advice. You are responsible for independently verifying the information if you intend to rely upon or use it in any way.

Under Hong Kong law, there are subtle differences between Trademark Registration and Company Registration, for example, whether Company Registration protects brand or business names. In this blog, we are going to address the differences between the Companies Registry and Company Registration, and how Trademark Registration is different.

The most important difference is that Company Registration is not an indication of trademark rights. In other words, a Hong Kong business registration certificate or a certificate of incorporation does not by itself indicate that the business or company has rights to use its name or a trademark in promoting or dealing in goods and services. Company Registration only means your company is incorporated and stored in the Companies Registry. If you want a trademark, a Trademark Registration is required to obtain those rights in Hong Kong.

If you want to get the trademark rights for your company, you should complete the Trademark Registration at the Trade Marks Registry. It is important in entrepreneurship to both have the registration to run your company and to use your company’s trademark in promoting or dealing with your goods and services to develop a brand.

Centre O can help you with registering your company and also your trademark. Contact us at sales@centreo.hk if you have any questions.