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Personal data protection in Poland.
Notification of a data filling system in GIODO PDF Print E-mail
Tuesday, 07 July 2009 19:06
Some time ago, I received a question about registering the data files in GIODO. In few points I will try to summarize basic rules related with this issue. 
  • According to the article 40 of PPDA, the data controller shall notify a data filing system to registration by the Inspector General.

 

  • In some cases, for example when you gather medical data, you have to wait for GIODO’s decision before you begin processing data. However, in general, you can process data just having notified a data filling system to registration.

 

  • What is important – you have to be the data controller to be able (and obliged) to notify your data filling system to registration.

 

  • You should remember, that in accordance to article 52 of PPDA, failure in notifying the data filling system to GIODO can lead to penal liability.  

 As always, should You have any questions, do not hesitate to contact me.

 
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Personal data protection and setting up a business in Poland. PDF Print E-mail
Wednesday, 11 March 2009 20:33
One of the most important legal issues which needs to be solved in a business start-up process is personal data protection. There are several reasons why you should take care about that problem from the very beginning. I have divided those problems into two groups: legal requirements and other. 

 

 

Legal requirements:

  •  Poland implemented EU laws on personal data protection in 1997. In the same year general rules of processing a personal data were established in the Act on the Protection of Personal Data (PPDA).

 

  • Most of the newly established business entities are data controllers according to PPDA. This means that you are responsible for all the gathered data during a start-up and further business activity.

 

  • What is important is that you have to fulfill most of the requirements established in PPDA before you begin processing the personal data. According do PPDA, before you begin recruiting your employees, storing data on IT systems, starting a marketing campaign etc. you have to be sure that you comply with your obligations as a data controller.

 

If you fail in meeting any of the requirements stated in PPDA, you may almost be sure that sooner or later Inspector General (Polish personal data protection authority) will control your activity. 

Other important reasons:

 

  • You have to take care of your public relations (PR). All your employees and further clients would like to be sure that their data is safe and secret.

 

  • For most of your marketing and advertising campaigns you will need to obtain the acceptance on processing personal data of your further clients (when they are natural persons).
 
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