What happens if my company is not in compliance with the GDPR?

Date : April 03, 2018
Category : Gdpr

The GDPR allows for steep penalties of up to €20 million or 4 percent of global annual turnover, whichever is higher, for non-compliance. According to a report from Ovum, 52 percent of companies believe they will be fined for non-compliance. Management consulting firm Oliver Wyman predicts that the EU could collect as much as $6 billion in fines and penalties in the first year.

If your organization is not in compliance by the May 25 deadline, it will not be alone. Estimates vary, but the consensus is that about half of the U.S. companies that should be compliant will not be on all requirements. According to a survey by Solix Technologies released in December, 22 percent of companies were still unaware that they must comply with GDPR. Thirty-eight percent said that the personal data they process is not protected from misuse and unauthorized access at every stage of its life cycle.

One particularly difficult requirement will be the right to be forgotten, described below. Nearly two-thirds (66 percent) of the Solix survey respondents say they are unsure if they can purge an individual’s personal information forever by deadline.

That leaves a lot of organizations vulnerable to fines. The big unanswered question is how penalties will be assessed. For example, how will fines differ for a breach that has minimal impact on individuals versus one where their exposed PII results in actual damage? The consensus is that the regulators will quickly act on a few companies found to be not in compliance early on to send a message. Then, organizations can make a better assessment of what to expect in the event of a non-compliance finding.

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