News

dane_osobowe
legislacja
2018-05-25

New Polish Act on Personal Data Protection

On 25 May 2018, the Act of 10 May 2018 on Personal Data Protection (Dz. U. poz. 1000) entered into force. The Act brings Polish law into conformity with the regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), also known as the “GDPR”. 

The Act specifies, among others, the following:

• general conditions for imposing administrative fines;

• a new competent authority for the protection of personal data (“the President of the Office for the Protection of Personal Data”);

• public entities obliged to appoint a Data Protection Officer  (“DPO”);

• the administrative procedure pertaining to the personal data breach procedure;

• rules on inspection of compliance with personal data protection legislation;

• civil liability for breaches of personal data protection legislation and legal proceedings;

• criminal liability for breaches of the provisions on the protection of personal data; and also

• amends a number of sectoral laws, such as the Labour Code.

On the same day the official website of the new Office for the Protection of Personal Data was launched. It contains, among others, the following information:

• forms of the notification about DPO appointment to the President of the Office for the Protection of Personal Data;
• forms of the notification of personal data breaches to the President of the Office for the Protection of Personal Data;

• guidelines to data controllers on risk analysis and on the register of processing operations;

• requirements for the documentation of the processing of personal data.

The Act is available at the following address:

http://www.dziennikustaw.gov.pl/DU/2018/1000

The official website of the Office for the Protection of Personal Data is available at the following address:

https://uodo.gov.pl/

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