The General Data Protection Act (GDPR) is considered to be the most significant piece of European data protection legislation to be introduced in the European Union (EU) in 20 years and will replace the 1995 Data Protection Directive. The GDPR enhances EU individuals’ privacy rights and places significantly enhanced obligations on organizations handling data.
The GDPR regulates the processing of a data subject’s personal data in the European Union including its collection, storage and transfer or use. The GDPR gives data subjects more rights and control over their data by regulating how you should handle and store any personal data they collect.
As of the 25 May 2018, you need to be in compliant with the provisions of the GDPR.
The GDPR grants 8 fundamental rights to data subjects. These are
The provisions of the GDPR apply to any entity that processes personal data of individuals in the European Union (EU), including tracking their online activities, regardless of whether the entity has a physical presence in the EU.
Yes! If you are an entity outside the EU, you should still be aware of the GDPR and comply with it if you process personal data of individuals in the EU.
Yes! The UK will still be part of the European Union on the 25th May 2018. Also, if you processes personal data of individuals in the European Union you would still need to comply with the GDPR even post-Brexit.
Yes! If you collect personal data, you need to comply.
Lack of compliance can result in fines of up to 4% of annual global turnover or €20 Million (whichever is largest) for breaching GDPR.
A Data Protection Officer must be appointed in the case of : (a) public authorities, (b) entities that engage in large scale systematic monitoring, or (c) entities that engage in large scale processing of sensitive personal data. It you don’t fall into one of these categories, then you do not need to appoint a Data Protection Officer (although this is highly advisable).
A Data Controller represents the entity that determines the purposes, conditions and means of the processing of personal data. The Data Processor is the entity which processes personal data on behalf of the controller.
In your entity’s relationship with Hotjar, you are the Data Controller of your end user’s personal data (assuming you are capturing some) and Hotjar is the Data Processor. With respect to your entity’s own data, Hotjar is the Data Controller.
If you are an entity based in the
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No - this isn’t required. The agreement needs to be signed by the entity which effectively entered into the Terms of Service with Hotjar, being the Data Controller.
The agreement needs to be entered into with the entity which effectively entered into the Terms of Service with Hotjar, being the Data Controller.
Disclaimer: We are here to help - but Hotjar does not provide legal advice. This material has been prepared for informational purposes only, and it is not intended to provide, and should not be relied on for legal or compliance advice. For specific advice on how you are to comply with the GDPR, you should consult your own legal advisor.