How will the GDPR impact Australian business?


See how access to data portability will be made available to Australia with the upcoming changes with the GDPR

We have talked about how the GDPR will affect the U.S, India, even Japan. But now we can also think of other continents. This is where it also affects Australia.

Some businesses were nor previously bound by the EU data protection legislation, but with the new law coming into action on May 25, 2018, many of these business will soon have to become compliant with the GDPR.

One of the major areas were they will have to comply is when it comes to data portability. In Australia there exists a Privacy Act, and even though there are many rights that already exist, the GDPR gives far more power over their personal data.

Donna Short and Hazel McDwyer from Addisons describe data portability in these easy to understand terms:

Data portability is an individual's right to receive their personal data in a structured, commonly used and machine-readable format and the ability to transmit such data to another controller.
This right exists where:
  • the individual has provided the personal data to the controller;
  • the data processing has been consented to by the individual or is for the performance of a contract; and
  • the data processing is automated.
Where `technically feasible, the data subject should have the right to have personal data transmitted directly from one controller to another'. It is still unclear how this will work in practice.
The right to data portability does not exist under the Privacy Act. However, given that the Privacy Act grants individuals the right to access their personal information and, where, reasonable, in the manner they request, many Australian businesses may, in some respects, already be complying with this to some extent.

These changes are exciting, as they are not only affecting local EU citizens, but the reach is far wider. As we notice, Australia is being impacted. We are confident that this is just the beginning.

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Sebastian Allerelli
Partner at Safe Online
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