GORAN DRAGANIĆ, The Draganić Law Firm: GDPR- NEW LEGAL FRAMEWORK

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GDPR, that regulates the use and protection of personal data, represents a revolutionary step forward for users in controlling personal data through simplified procedures do not recall that a certain law or a regulation has been anticipated that eagerly in Europe, and met with so much impatience in terms of its implemented as GDPR – General Data Protection Regulation, which prescribes the way personal data of the EU citizens is used.

This regulation comes into force on 25th May this year, and all organizations and companies that handle EU citizens’ data in any way, shape or form, even if they are headquartered outside the EU, will have to adhere to it. Before we go into the basic, novelties and the effects of the regulation itself and its benefits, we must first of all consider the awareness that the global society has. It is important that, at this stage of IT progression and its involvement in all the segments our lives, we recognize the necessity of applying this very important European regulation. We live in the era of fast electronic commercialization and tabloidization, where the private side of personality is completely laid bare, and it is most likely to suffer the greatest blows. The regulation that covers the issue of privacy, which roots are in the Anglo-Saxon law, has proven to be unsuccessful in the continental law. The very application of privacy protection with the rapid development of mass media proved to be difficult to apply. The right to privacy is one of the most sensitive personal rights of every human being. The definition of privacy – “THE RIGHT TO BE LEFT ALONE”- taken from the Anglo-Saxon law, is incorporated into international documents and the European Convention on Human Rights. Unfortunately, we did not find a place for it in our regulation. If our private life and private data are in the focus of someone’s interest, databases and applications, then that certainly implies us giving consent for their use in certain cases. On the other hand, those entities that process this information have additional responsibility to act exclusively in accordance with the principles of the permitted use and the proper, safe and lawful handling of data when collecting it. It is the new GDPR that raises awareness of all users about the rights they have at their disposal and in companies that process private data. GDPR represents a revolutionary step forward for users in controlling personal dana through simplified procedures. One of the novelties in this regulation, to the delight of ordinary users, is that, in the future, TERMS and CONDITIONS should have a clear outline, and not be too long. Looking at this new regulation, we can confidently say that the GDPR stipulates the individual’s right to privacy, the right to access information, the right to correct incorrect data, and the right to delete and transfer personal data in certain cases. Consequently, the GDPR provides a guarantee that users will have much broader scope of rights. Also, looking at the basic principles of data protection outlined in the GDPR, such as the principle of data processing in line with the law and in a transparent manner, the principle for collecting data for specific legitimate purposes, the principle that the collected dana must be accurate and updated, and the principle of ensuring adequate security and confidentiality of the data, we can see a clear intention of the lawmaker to build a stronger bond of trust between users and companies. This also improves data management and enhances data security. Another novelty that the GDPR brings is draconian penalties for non-compliance with the regulation, which give us an additional guarantee that this regulation will have to be strictly adhered too. After 25th May this year, the GDPR will definitely introduce a new legal framework and new rules regarding the use and protection of personal data. Now, we have to wait for a new Serbian law on the protection of personal data that is yet to be passed, which will have to incorporate all of the aforementioned principles and rules that will provide better protection of personal dana for all future users in Serbia. Successful implementation of the GDPR and the new Law on Personal Data Protection in Serbia will be achieved if all the stakeholders are involved, and if there is good communication between the lawmakers and the Commissioner for the Protection of Personal Data. We are going to have to wait a little bit longer for the real effects of the new regulations to show. The importance of this regulation makes it worth waiting for.

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