Transitional arrangements and savings
Schedule 11 of the Implementing Regulations sets out the transitional arrangements and savings that have effect once the law comes into force.
A copy of Schedule 11 is available below and the main points to note are:
Compliance with the principle of lawfulness, fairness and transparency
The law includes a new definition of consent. This is set out in Article 4(11) of the Applied GDPR.
Where consent is relied on as a condition for processing, particularly if it is the only ground for processing, existing consent will only be valid after 25 May 2019 if the consent obtained meets the requirements of the new definition.
More information about consent is available on the website at: https://www.inforights.im/information-centre/data-protection-law-2018/principles-of-data-protection/lawfulness-fairness-and-transparency/lawfulness/consent/
The law requires specific information to be provided to individuals about the processing of their personal data. This is set out in Articles 13 and 14 of the Applied GDPR.
Controllers must ensure that the information they provide to individuals about the processing of their personal data meets the new requirements by 25 May 2019.
This transitional arrangement only applies to processing that was occurring prior to 1 August 2018 - where new processing commences after 1 August 2018, the information required by the Applied GDPR must be provided to data subjects.
More information about transparency and privacy notices is available on the website at: https://www.inforights.im/information-centre/data-protection-law-2018/principles-of-data-protection/lawfulness-fairness-and-transparency/transparency/