GDPR: PMI and the new European regulations in terms of privacy

In the current context of the internet, social networks and the spread of huge
amounts of data, including confidential data, the European Regulation denominated as the General
Data Protection Regulation (GDPR), 2016/679, is highly important.

This refers to a single data protection system that is identical for all EU member states.
The aim of the regulation is to create and guarantee a “state of trust” that can foster the development of the digital economy within the entire internal market. It had long become apparent at the European level that the previous regulation, 95/46/EC, had led to fragmentation of the norms in each country, resulting in uncertainty as regards the true level of protection of confidential data and hence a reduced circulation of these data on EU territory, a state of affairs which had also had economic-market implications.

The new Regulation introduces the Data Protection Officer, entrusted with ensuring data protection and compiling the Activities Register, that will describe all data handling activities and safety procedures adopted. A single model has been created, identical for all EU nations, for the “certainty of privacy rights and transparency among market operators, including micro, small and medium-sized firms”, as well as private individuals. This requires organizations and companies to adapt their technological and organizational systems, as well as appointing  the Data Protection Officer.

A requirement for companies to compile the Activities Register applies to all companies with 250 or more employees. Clearly, companies with fewer employees may also keep a Register if it should be considered useful for the management and protection of the data they handle. The Regulation became fully operative on 25 May 2018. However, despite the fact that nearly two years have passed since the publication of the obligation to adopt this Regulation in the Italian “Gazzetta Ufficiale”, compliance with the norms on Italian territory is still very much behind schedule.

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