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The offices of the Gibraltar Regulatory Authority are open from 9:00am to 5:00pm Monday to Friday.

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The offices of the Gibraltar Regulatory Authority will close at 12.00 on Tuesday 24th December 2019 and re-open on Thursday 2nd January 2020 at 9.00am.

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GDPR Guidance (4) Data Protection Impact Assessment

The EU General Data Protection Regulation 2016/679 (the “GDPR”) came into force on 25th May 2018, replacing the existing data protection framework under the EU Data Protection Directive 95/46/EC (the "Directive"). Her Majesty’s Government of Gibraltar amended the Data Protection Act 2004 (the “DPA”) on 25th May 2018, in accordance with the introduction of the GDPR. The DPA complements the GDPR and also implements the Law Enforcement Directive 2016/680. Therefore, both pieces of legislation must be read side by side.

It is important to note that Data Protection Impact Assessments (“DPIAs”) are not a new concept, as these were recognised procedures that organisations used to comply with under the Directive. However, under the GDPR, conducting a DPIA is mandatory for all data processing that is “likely to result in a high risk to the rights and freedoms of natural persons” (see Article 35(1) of the GDPR).

Although undertaking a DPIA is not always compulsory, organisations may find it useful to conduct one as the procedure is designed to help identify and minimise the privacy risks of new projects or policies. Therefore, a DPIA is an important tool for accountability that will help organisations comply with GDPR/DPA requirements, including the requirement for organisations to demonstrate that appropriate measures have been implemented to ensure compliance with data protection.

Where the DPIA identifies risks which the organisation cannot fully mitigate, the organisation will be obliged to consult with the Lead Supervisory Authority before engaging in the process. For further information on when and how to consult the Information Commissioner, please see the guidance below titled, “‘Data Protection Impact Assessment – guidance on ‘prior consultation’”.

The aim of this webpage is to provide guidance on requirements relating to DPIAs and to assist data controllers with their role throughout this task, as they are ultimately responsible for ensuring that DPIAs are carried out according to GDPR/DPA requirements. 

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