RGPD – Loi Applicable au 25 MAI 2018

  • Règlement Général sur la Protection des Données (RGPD)

    Le RGPD a pour objectif de renforcer la protection des données personnelles des citoyens européens. Sa mise en application est prévue le 25 mai 2018.

    Qu’est-ce que le RGPD ?

    Le Règlement Général pour la Protection des Données vise à harmoniser les législations européennes autour de la protection des données en tenant compte des évolutions technologiques. Le citoyen européen est au cœur de ce dispositif légal et voit ainsi ses droits renforcés.

    Il devient obligatoire pour vous d’assurer la sécurité informatique de vos systèmes d’informations afin de protéger l’intégrité des données personnelles de vos clients, fournisseurs, salariés, adhérents et sous-traitants.

    Quels sont les nouveaux droits accordés par le RGPD ?

    Qui est concerné ?

    Ce règlement européen accroît les devoirs et responsabilités de toute la chaîne d’acteurs professionnels qui traitent des données à caractère personnel, que ces dernières soient en ligne ou hors ligne, ou qu’elles fassent l’objet d’un traitement automatisé ou manuel.

    Qui peuvent être ces acteurs ?
    les entreprises quelle que soit leur taille (start-up, PE, PME, etc.)
    les associations
    les organismes publics
    les sous-traitants
    etc.

    Comment y répondre ?

    6 étapes clés pour préparer au mieux votre entreprise au RGPD :

    Désigner un pilote (Délégué à la Protection des Données – DPO) qui exercera une mission d’information, de conseil et de contrôle en interne.

    Moyens de contrôles et sanctions encourues

    Pour vérifier le respect du RGPD, la CNIL peut à tout moment contrôler les fichiers détenant des données à caractère personnelles.

    Ce contrôle peut s’exercer de 4 manières :
    Sur place, dans les locaux des responsables du traitement
    Sur convocation, dans les locaux de la CNIL
    Sur pièces, en demandant des documents
    Et, en ligne, en contrôlant des sites internet

    En cas de non-respect des mesures, les autorités de protection pourront, selon le contexte, décider de :

    – Prononcer un avertissement
    – Mettre en demeure l’entreprise
    – Limiter temporairement ou définitivement un traitement
    – Suspendre les flux de données
    – Ordonner de satisfaire aux demandes d’exercice des droits des personnes

    – Ordonner la rectification, la limitation ou l’effacement des données
    – Délivrer une amende administrative. Il existe plusieurs possibilités, seul le montant le plus élevé sera retenu. Ce dernier peut aller jusqu’à 4 % de votre chiffre d’affaires annuel ou 20 millions d’euros.

    Picto attentionIMPORTANT : si vous ne pouvez démontrer la protection optimale des données que vous possédez, vous pouvez être sanctionné bien qu’il n’y ait pas eu violation des données.

    Pour aller plus loin…

    Commission Nationale de l’Informatique et des Libertés (CNIL) : Texte officiel du Règlement Général sur la Protection des Données

    Commission Nationale de l’Informatique et des Libertés (CNIL) : FAQ

    Partenariat entre la CNIL et le youtubeur Cookie Connecté : Sur cette vidéo, ils répondent à vos questions sur l’arrivée du RGPD !

    Sur le blog EBP : Comment décrypter simplement le RGPD ?

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