​Background​
The General Data Protection Regulation (Regulation (EU) 2016/679) (normally referred to as the GDPR) strengthens European law protecting personal data for all individuals within the European Union (EU), including exports of personal data outside the EU. 
The GDPR: 
  • is in force from 25 May 2018
  • gives individuals more control over their personal data
  • simplifies the regulatory environment for international businesses by harmonising European law
  • extends the scope of EU data protection law (compared to the previous arrangements) so that in more cases non-EU companies are bound by it
  • introduces severe maximum penalties for non-compliance
The UK government has introduced a Data Protection Bill to update UK data protection law and ensure it remains in line with the GDPR standard if the UK ceases to be a member of the EU.​

General FAQs

  • ​The GDPR came into force on 25 May 2018. Supervisory authorities in EU member states have been able to enforce it from that date, and individuals are now able to exercise their new rights and bring action directly against companies that breach their rights.

  • ​The GDPR affects: (1) all companies located in the EU that process personal data in their activities; and (2) any non-EU companies that process personal data about individuals in the EU in connection with either (i) the offering of goods or services, or (ii) the monitoring of their behaviour in the EU.

    Where a company subject to GDPR under one of these tests uses a 3rd party (such as an IT vendor) to process personal data on its behalf it is legally obliged to: (i) have a contract with that 3rd party; and (ii) include certain terms in the contract with the 3rd party regarding the processing of personal data.

  • ​The personal data of anyone located in the EU (whether or not they are an EU citizen) is protected by the GDPR.  The GDPR defines personal data as "any information relating to an identified or identifiable natural person" (known as a 'data subject') and says "an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person". 

    The European Commission have given some examples of this, explaining it includes "any information relating to an individual, whether it relates to his or her private, professional or public life. It can be anything from a name, a photo, an email address, bank details, posts on social networking websites, medical information, or a computer's IP address".

  • ​If a 'breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data' occurs:

    • the data processor must notify the data controller without undue delay (within contracts we normally agree to inform clients within 24-48 hours to allow the data controller to comply with its reporting obligations)
    • the data controller must notify its regulator (for a UK company that is the Information Commissioner's Office (ICO)) without undue delay and where feasible, not later than 72 hours after it first becomes aware
    • the data controller must notify affected data subjects without undue delay where the breach is likely to result in a high risk to those data subjects, unless limited exemptions apply

Data subject rights

  • ​This is the right (also referred to as 'erasure') the GDPR gives individuals to request the deletion or removal of their personal data where there is no compelling reason for its continued processing. It is not an absolute right, but a company must be able to delete personal data on request if the data subject has valid grounds for the deletion.

  • ​The right to erasure does not provide an absolute 'right to be forgotten'. Individuals have a right to have personal data erased and to prevent processing in specific circumstances. The ones that are most likely to be relevant in our business are:

    • Where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed
    • Where the individual withdraws consent (if the processing was based on consent)
    • Where the individual objects to the processing and there is no overriding legitimate interest for continuing the processing
    • Where the personal data was unlawfully processed (i.e. otherwise in breach of the GDPR)
    • Where the personal data has to be erased in order to comply with a legal obligation
  • ​One of the principles set out in the GDPR is that no personal data should be held in a form which allows an individual to be identified for longer than necessary for the purpose for which it is obtained. The exception is where there is a legal requirement to keep it longer.

    We have defined information retention standards based on legal, regulatory and good practice guidance that detail the length of time that types of data are held for.

What have we done?

  • We have invested significant resources into this project, identifying the parts of the GDPR relevant to our business and created seven workstreams to implement necessary changes.

    We have reviewed and updated all of our contracts impacted by the GDPR. These contracts now include certain specific terms, designed to ensure that processing carried out by a processor meets all the requirements of the GDPR (not just those related to keeping personal data secure).​

  • ​Yes, we take data protection extremely seriously and have dedicated DPOs in Europe – one covering the United Kingdom, Ireland and Channel Islands, and the other covering Continental Europe.​

Data protection at Computershare

  • ​Yes. Like most large companies, we rely on a range of third party providers to help us perform certain services. Some of these third parties will have access to personal data to perform services for us. These range from IT providers, to facilities management providers, to financial intermediaries such as clearing houses and custodian banks. Where we use sub-processors we conduct appropriate vendor due diligence, ensure appropriate contractual arrangements are in place, carefully monitor performance, and enforce adherence to high information security standards that provide adequate protection for that personal data.

  • ​That depends whether we are acting as a data controller or data processor. If we are acting as a data controller we will always provide required privacy information at the point required by law (normally through terms and conditions and associated privacy statements). 

    If we are acting as a data processor for another company, it is normally up to the other company to inform data subjects about the transfer of personal data to us, and how we will use that personal data. We are currently reviewing and amending our privacy statements and processes for notifying them to data subjects to ensure compliance with the GDPR.

  • ​Information security is critical to all of our clients and is therefore a key focus for us. We host over one hundred and twenty five million records worldwide. The security of these records is of the utmost importance and we continually make sizable investments to protect our information, IT systems, applications, infrastructure and processes. A summary of security measures implemented can be provided on request.
  • Computershare seeks to hold personal data in line with its data retention policy that was reviewed as part of our GDPR project to ensure it reflects legal and regulatory requirements, and good practice guidance regarding the duration of processing of personal data.​

  • We have a Privacy Impact Assessment procedure that enables the privacy impacts of change to be identified and assessed at the point a change is proposed. This process will support ongoing compliance with the GDPR and continued minimisation of privacy risk to data subjects. 

  • ​Whether we are a data controller or a data processor will depend on the service provided and processing performed, and ultimate decision-making responsibility in respect of personal data. We will always be clear in our contracts with corporate and retail clients whether we are acting as a data controller or data processor.

Any other questions?​

If you have any other questions about the GDPR or other European regulations, please contact us.​