The General Data Protection Regulation (GDPR) and the Australian Privacy Principles (APPs) are two of the most comprehensive data privacy laws in the world. Both laws are designed to protect individuals’ privacy and give them control over their personal data.
If you are a business that collects or processes personal data, it is important to understand and comply with both the GDPR and the APPs. This blog article will provide The Guide to GDPR and Australian Privacy Principles and help you to understand how to comply with them.
What is the GDPR?
The GDPR is a regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA). It also addresses the transfer of personal data outside the EU and EEA areas. The GDPR aims primarily to give control back to citizens and residents over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU. It does this by replacing the data protection directive (Directive 95/46/EC) of 1995. The regulation has been in effect since 25 May 2018.
What are the APPs?
The APPs are a set of 13 principles that govern the collection, use, and disclosure of personal information in Australia. The APPs are part of the Privacy Act 1988, which is Australia’s main privacy law.
Similarities between the GDPR and the APPs
The GDPR and the APPs have a number of similarities, including:
- Both laws apply to organizations that collect or process personal data, regardless of where the organization is located.
- Both laws give individuals the right to access their personal data, to have their personal data corrected or erased, and to restrict the processing of their personal data.
- Both laws require organizations to have a lawful basis for processing personal data and to obtain consent from individuals for certain types of processing.
- Both laws require organizations to implement security measures to protect personal data from unauthorized access, use, disclosure, modification, or destruction.
Differences between the GDPR and the APPs
There are also some differences between the GDPR and the APPs, including:
- The GDPR applies to a wider range of personal data than the APPs. For example, the GDPR applies to genetic data and biometric data, while the APPs do not.
- The GDPR has stricter requirements for consent than the APPs. For example, under the GDPR, consent must be freely given, specific, informed, and unambiguous. Under the APPs, consent can be implied in some cases.
- The GDPR has stricter requirements for data breaches than the APPs. For example, under the GDPR, organizations must notify individuals of data breaches within 72 hours. Under the APPs, there is no deadline for notifying individuals of data breaches.
How to comply with the GDPR and the APPs
To comply with the GDPR and the APPs, organizations should:
- Conduct a data audit to identify all of the personal data that they collect and process.
- Develop a privacy policy that explains how they collect, use, and disclose personal data.
- Obtain consent from individuals for the processing of their personal data, where required.
- Implement security measures to protect personal data from unauthorized access, use, disclosure, modification, or destruction.
- Have procedures in place for responding to data breaches.
Additional tips for compliance
Here are some additional tips for complying with the GDPR and the APPs:
- Keep your privacy policy up-to-date.
- Provide training to your employees on the GDPR and the APPs.
- Use data protection impact assessments (DPIAs) to assess the risks of processing personal data.
- Appoint a data protection officer (DPO) if required.
In the end
The GDPR and the APPs are two of the most comprehensive data privacy laws in the world. If you are a business that collects or processes personal data, it is important to understand and comply with both laws. By following the tips in this blog article, you can help to ensure that your organization is in compliance with the GDPR and the APPs.
