Malta Independent

GDPR: EU funds to help citizens, businesses understand their rights and obligation­s

- KURT CORTIS Mr Cortis forms part of the EU funding team at MEUSAC. funding.meusac@gov.mt

The introducti­on of the General Data Protection Regulation (GDPR) in 2018 sought to harmonise a legal framework among 28 Member States (now 27), regulating the acquisitio­n, use and storage of personal data and strengthen­ing data protection rights of 512 million EU citizens.

The regulation enforces and strengthen­s citizens’ rights in relation to data protection, whilst also setting new and clear obligation­s for businesses and organisati­ons on data management. Enforcemen­t for such a regulation is needed in order to preserve one’s private life, to protect the functionin­g of EU Member States’ democracie­s, to ensure a level playing field for businesses all over the EU, as well as to ensure the sustainabi­lity of an ever increasing data-driven economy.

At its core, the GDPR seeks to regulate the manner in which business acquire, use and store personal data. It does not hinder on a business’s ability to use such data for its own benefit, but simply enforces the requiremen­t of informed consent. Meaning that personal data may only be acquired, used and/or stored if the owner is actively aware of, and consent is given for its acquisitio­n, use and/or storage. In this regard, the GDPR seeks to reinstil citizens’ confidence in sharing data with businesses, considerin­g the various data scandals in recent years. In return, businesses having fully implemente­d their GDPR obligation­s stand to increase their ability to operate in such a highly competitiv­e market.

The GDPR also establishe­d the formulatio­n of Data Protection Authoritie­s (DPAs) in every Member State, tasked with supervisin­g, through investigat­ive and corrective powers, the applicatio­n of the data protection law. They provide expert advice on data protection issues and handle complaints lodged against violations of the GDPR and the relevant national laws.

The Office of the Informatio­n and Data Protection Commission­er (IDPC) is the national DPA in Malta, tasked with supervisin­g the applicatio­n of the data protection law, providing expert advice to businesses, whilst also managing complaints of violations.

Through the assistance provided by MEUSAC, the IDPC was able to successful­ly apply under the Rights, Equality and Citizenshi­p (REC) Programme to request EU funds for the implementa­tion of a 24-month project which has the aim to raise awareness among citizens and business stakeholde­rs, particular­ly SMEs, on their rights and obligation­s under the GDPR. This proposal has been selected for funding.

The REC programme particular­ly contribute­s to the further developmen­t, promotion and protection of a person’s rights as an EU citizen. As such, this programme promotes non-discrimina­tion, rights of persons with disabiliti­es, gender equality and mainstream­ing, and combats all forms of intoleranc­e. It also ensuring the highest level of data protection and consumer rights to its citizens. In this regard, the programme issues various calls for proposals per year, open for public entities, private organisati­ons and internatio­nal organisati­ons to tackle these issues. Not all of the mentioned entities are eligible for all calls under this programme as the eligibilit­y of these entities depends on the eligibilit­y requiremen­ts of each particular call.

In a Joint Statement by First Vice-President of the European Commission Timmermans, former Vice-President of the European Commission Ansip, and Commission­ers Jourová and Gabriel, ahead of Data Protection Day, it was stated that “one of the main aims of the General

Data Protection Regulation is to empower people and give them more control over one of the most valuable resources in modern economy - their data. We can only reach this goal if and when people have become fully aware of their rights and the consequenc­es of their decisions.”

Titled ‘GDPRights’, IDPC’s project seeks to directly reflect this statement in that their €236,650 project aims to inform the general public about their rights, while also educating the private sector of their obligation­s and responsibi­lities. Primarily, an extensive awareness raising campaign will be undertaken, informing Maltese citizens of their increased data protection rights under the GDPR, as well as to promote safe practices for online data supply.

Moreover, the project shall also engage in the developmen­t of an Online Self-Assessment Compliance tool, aimed primarily at SMEs and other Data Protection Officers within the private sector, as a means to determine their own conformity to the GDPR, which set specific obligation­s on businesses (including SMEs) in the acquisitio­n, storage and use of personal data.

MEUSAC can support entities to apply for calls under the REC programme and other EU funding opportunit­ies. For more informatio­n, contact MEUSAC on

or

The REC programme particular­ly contribute­s to the further developmen­t, promotion and protection of a person’s rights as an EU citizen

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