Personal data is increasingly exposed due to technological advancements. There aren't always ways to protect it properly, and therefore it may be necessary to consult a lawyer to ensure adequate protection for each individual. 

This article will tell you everything you need to know about data protection. If you still have questions, don't hesitate to contact us so we can take care of everything for you! Catarina S. Gomes is located in Braga and has the best lawyers to solve your problems!

General Data Protection Regulation – GDPR

O General Data Protection Regulation (GDPR) This is a European Union regulation that came into force on May 24, 2016, and has been applicable since May 25, 2018. This regulation aims to strengthen the rights of individuals and protect their personal information by defining rules and procedures, establishing the free flow of data between member states of the European Union.

This regulation does not apply to the processing of personal data of legal entities or deceased persons, nor to the processing of data for personal and domestic reasons. 

Currently, with the evolution of the digital age, personal data is shared anytime, anywhere, whether on a social network or even through a Google search.

Until the creation of the GDPR, this data had no protection whatsoever, and therefore it was necessary to create rules and define limits for greater security for both individuals and companies in the processing of personal data.

Processing of personal data

The processing of personal data consists of the collection, organization, storage, alteration, and destruction of personal data, among other operations performed on them. 

But what is personal data?

Personal data is information relating to a living person or a set of information that can lead to the identification of a person, such as: 

• first name and last name;
• household;
• e-mail;
• an identification card number;
• Location data (for example, the location data function on a mobile phone); 
• IP (Internet Protocol);
• Connection testimonials (cookies);
• Your phone's advertising identifier. 

According to the GDPR, data processing must be completely transparent, and its purposes must be clear and disclosed when personal data is collected. 

The personal data collected should therefore only be that which is relevant to the company, and the company must ensure its confidentiality. 

Therefore, a company must specify the following data:

• Company name and contact information
• Reasons for processing the data
• Description of the categories of data subjects and personal data.
• Categories of organizations that receive the data
• Data transfer to another country or organization.
• Time limit for data removal, if possible.
• Description of the safety measures used during treatment, if possible.

Failure to comply with the General Data Protection Regulation leads to consequences that worsen over time and depending on the breach committed: 

• Warning;
• Reprimand;
• Suspension of data processing;
• Fine.

No Catarina S. Gomes – Lawyers in Braga We have a team with experience in data protection!

The importance of a lawyer specializing in data protection.

Since the General Data Protection Regulation came into effect, companies need lawyers to help them understand the details and precautions they must now take. 

If your company collects and stores data such as names, addresses, IP addresses, card numbers, income, and other personal information, it is essential to follow the rules defined by the GDPR. Therefore, hiring a lawyer can prevent potential problems and ensure that you follow the rules as correctly as possible.

 

If you own a business, is it mandatory to hire a lawyer to help with data protection?

It's not always mandatory; it depends on the amount of data you collect and whether that's your main activity. 

Therefore, if personal data is processed for advertising databases or health databases for a hospital, for example, it is mandatory to have someone dedicated and responsible for data protection. But if, for example, you do little advertising or are a doctor who collects health data about your patients, it is no longer mandatory!

However, it is recommended that you have support regarding data protection, as the rules can be complicated to understand and, should you make a mistake, you have someone to ensure your protection and defense. 

Looking for a lawyer with experience in data protectionContact us! We are located in Braga!

Services of a lawyer specializing in data protection.

Lawyers specializing in Data Protection provide coverage in all areas relating to data privacy and security, offering services such as: 

• Review of company policies and practices in light of new applicable rules and legislation;
• Review of internal procedures for the exercise of data subject rights;
• Review of the information provided to data subjects during the data collection process;
• Review of subcontracting agreements for services carried out within the scope of personal data processing;
• Assessment of the nature of the data processing carried out, in order to determine which can be classified as sensitive data;
• Check if appointing a Data Protection Officer (DPO) will be mandatory for your company.;
• To file complaints and challenge decisions of the National Data Protection Commission (CNPD);
• Assistance in defining a GDPR compliance model, developing an implementation plan and subsequent monitoring; 
• Advisory services for data transfer projects with third countries outside the EU;
• Advisory services in the development of data protection, privacy, and cybersecurity policies;
• Assistance in defining the processing of personal data.

These are not the only services you can obtain by hiring a lawyer specializing in data protection; however, each company has its own needs, and therefore, the services are tailored to its specific characteristics.

What is the role of lawyers in data protection?

The primary role of a data protection lawyer is to assist companies in complying with the General Data Protection Regulation (GDPR) and, in addition, to provide legal support and defense to companies in cases of misconduct. 

Furthermore, the lawyer may have two roles regarding data protection:

• Operator – receives customer information and protects it;
• Controller – Stores the data of those who hire it.

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