The EU’s General Data Protection Regulation (GDPR) is going to affect all businesses trading in or through the EU and the UK gambling market will also feel it’s impact.
The UK has its own Data Protection Act and the EU Data Protection Directive has been in place since 1995. But developments in technology and business models have left the rules out of date in many ways and so an overhaul was overdue.
For Gambling, there will be a lot of things to think about and we can’t cover everything in a blog post. But here is some food for thought or a starter at least. You know where we are if you need us.
GDPR will impact all Gambling providers and non-EU providers need to be extra vigilant and take care not to breach these regulations. Most of the regulations are not new but the requirement for compliance will be enforced and a fine of up to 4% of the previous year’s global turnover (or €20,000,000 which is the new, greatly increased, ceiling) for a serious data breach.
Data subjects must be clearly notified their information is being collected and or processed and for what specific purpose. There must be a clearly defined reason for collecting the data that the subject is completely aware of.
Once you have the subjects data, you can only hold and use it for the purpose you collected it for and for no longer than it is required for that purpose. The data subject also needs to to totally clear on who they have lent their data to.
If any ‘data profiling’ takes place, the subject should be informed and of any of the consequences that may arise from it. There should also be a mechanism for the data subjects to withdraw their consent to use their data.
Operators will also be required to notify data subjects within 72 hours of a breach of un-encrypted data.
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