Data Protection

The General Data Protection Regulation (GDPR)

The General Data Protection Regulation 2016 (GDPR) is one of the most significant pieces of legislation affecting the way that MidAtlantic carries out its information processing activities. Significant fines are applicable if a breach is deemed to have occurred under the GDPR, which is designed to protect the personal data of citizens of the European Union. It is MidAtlantic’s policy to ensure that our compliance with the GDPR and other relevant legislation is clear and demonstrable at all times.
In certain circumstances, you have the following data protection rights:
  1. The right to access, update or to delete the information we have on you- Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
  2. The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  3. The right to object -  You have the right to object to our processing of your Personal Data.
  4. The right of restriction. You have the right to request that we restrict the processing of your personal information.
  5. The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
  6. The right to withdraw consent. You also have the right to withdraw your consent at any time where MidAtlantic relied on your consent to process your personal information.
  7. Rights in relation to automated decision-making and profiling: You have the right to be free from decisions based solely on automated processing of your Personal Data, including profiling, which produces a significant legal effect on you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us, or with your explicit consent.
  8. Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we have handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.

The data protection impact assessment will include:

  • Consideration of how personal data will be processed and for what purposes
  • Assessment of whether the proposed processing of personal data is both necessary and proportionate to the purpose(s)
  • Assessment of the risks to individuals in processing the personal data
  • What controls are necessary to address the identified risks and demonstrate compliance with legislation.

Addressing Compliance to the GDPR

The following actions are undertaken to ensure that MidAtlantic complies at all times with the accountability principle of the GDPR:

  • The legal basis for processing personal data is clear and unambiguous
  • A Data Protection Officer is appointed with specific responsibility for data protection in the organisation (if required)
  • All staff involved in handling personal data understand their responsibilities for following good data protection practice
  • Training in data protection has been provided to all staff
  • Rules regarding consent are followed
  • Routes are available to data subjects wishing to exercise their rights regarding personal data and such enquiries are handled effectively
  • Regular reviews of procedures involving personal data are carried out
  • Privacy by design is adopted for all new or changed systems and processes
  • The following documentation of processing activities is recorded:
    • Organisation name and relevant details
    • Purposes of the personal data processing
    • Categories of individuals and personal data processed
    • Categories of personal data recipients
    • Agreements and mechanisms for transfers of personal data to non-EU countries including details of controls in place
    • Personal data retention schedules
    • Relevant technical and organisational controls in place

California Consumer Privacy Act (CCPA)

Under the CCPA, among other rights, California consumers have the right to:

  1. Request that a business that collects a consumer's personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
  2. Request that a business delete any personal data about the consumer that a business has collected.
  3. Request that a business that sells a consumer's personal data, not sell the consumer's personal data.

FAQ’S

1. What’s the difference between GDPR and CCPA?

The CCPA is similar to the European Union’s General Data Protection Regulation (GDPR). The primary differences between the two regulations are:

  • The GDPR applies to organizations with customers within the EU.
  • While the CCPA requires companies to provide an opt-out process for consumers, the GDPR requires an opt-in process, meaning organizations cannot collect consumer data until and unless granted permission to do so.

2. Does the CCPA apply to any specific industries?

The CCPA applies to any businesses that meet one of the three criteria for revenue threshold, number of consumers, and use of data.

3. Can I achieve CCPA compliance on my own?

Companies with legal teams and large IT departments may be able to achieve CCPA compliance without any external help. However, the best approach is to use CCPA compliance software and seek support from an organization that’s well versed in compliance.

4. What does the CCPA define as “Sale of Data”?

The “sale” of data, by CCPA definitions, does not necessarily include the exchange of money. It means that data collected by one party is shared with another, generally for the purpose of marketing.

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