The General Data Protection Regulation (GDPR) in Canada and the USA seems to haunt most companies, especially those having their businesses online. GDPR Compliance which is Europe’s most comprehensive Data Privacy law is said to impact businesses across the globe. This has raised huge concerns over the requirements, especially for non-European businesses. Since the law is not limited by the physical boundaries of the European Union or the European Economic Area, it greatly influences companies based in the USA, as well as in Canada and other parts of the world. Today’s article focuses on the impact of GDPR Compliance in Canada and how businesses are affected by the law. But, before we learn about the impact let us first understand the GDPR Compliance in the EU.
What is GDPR?
The General Data Protection Regulation is an EU law on data protection and privacy in the European Union and the European Economic Area. It is a law that protects the individual rights of the citizens of the EU on the processing, collection, and transfer of their personal data.
Who does the GDPR Apply To?
Any organization, irrespective of their location, that collect, use, processes, or transfer data of EU citizens for business or on behalf of their business clients need to adhere to the regulation. If they fail to comply with the set regulations, they would be fined accordingly. Currently, online businesses with websites that are not GDPR compliant are not accessible to the EU member states.
What does it mean to Canadian business?
Most businesses and organizations that frequently engage with EU companies or citizens are expected to be GDPR Compliance. Having said that, this law has been a major concern to many businesses in Canada. So, for online Canadian businesses having a website that offer goods or services in euros or which provides deliveries to European citizens, will require compliance with the GDPR. This is in particular extremely important for Canadian organizations since many Canadian Privacy laws are very similar to the GDPR. So, it may probably be easy for companies or individuals to consider them being compliant while they are probably not.
What types of Canadian business does GDPR Affect?
- Canadian businesses that have their office and employees in the EU.
- Businesses that offer goods and services (through websites, mobile apps, etc.) to individuals in the EU.
- Business websites and mobile apps that use cookies to collect IP addresses and other personal data from individuals who are in the EU.
- Businesses that collect and/or process personal data of individuals in the EU for their own business or on behalf of their business clients.
GDPR Regulations that Canadian business owners need to be aware of
Canadian business owners need to be aware of certain articles within the GDPR that directly affect their operations and business.
Consequences of Non-Compliance to GDPR Compliance in Canada
GDPR Compliance in Canada has severe consequences for organizations found non-compliant. In this new legislation, supervisory authorities have the powers to perform audits to ensure compliance, issue warnings, demand that companies make specific improvements, prescribe deadlines for those improvements, order the erasure of citizens’ data, and prevent companies from transferring data to other companies. Additionally, under GDPR any non-compliance fine is determined based on the circumstances of the error. Non-compliance may also include fines of up to two or 4% of global annual turnover, or €10 million or €20 million, whichever is greater.
Conclusion
Canadian companies who have already been PIPEDA-Compliant may find that the majority of their data infrastructure is already GDPR-Compliant. The Personal Information Protection and Electronic Documents Act outlines rules for the collection, use, and disclosure of Personal Information for all Canadian private businesses. So, those organizations already Compliant with the PIPEDA Act and looking to achieve GDPR Compliance may find it a lot simpler. You can also rely on your PIPEDA Compliance procedures to initiate your process of GDPR Compliance in Canada. Although, it is still important to be aware of the major differences between GDPR and PIPEDA to bridge the gap. This is when experts like us at VISTA InfoSec come into the picture to provide organizations with end-to-end assistance in Compliance.
VISTA InfoSec is a reputed Cyber Security Consulting Service provider offering comprehensive Compliance services. Having served the industry for nearly two decades, we can help you ease your journey of achieving GDPR Compliance. For more details on our GDPR Compliance services you can drop us a mail on info[@]vistainfosec.com
