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ARTICLE · 07 JUNE 2018

Loopholes In The General Data Protection Regulation

S.S. Rana & Co.
S.S. Rana & Co.
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S.S. Rana & Co.

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The European Union (hereinafter referred to as "EU") will be implementing the General Data Protection Regulation (hereinafter referred to as "GDPR") with effect from May 25, 2018.

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Introduction

The European Union (hereinafter referred to as "EU") will be implementing the General Data Protection Regulation (hereinafter referred to as "GDPR") with effect from May 25, 2018. GDPR seeks to protect personal data of EU residents and is applicable on companies collecting, storing and processing the personal data of EU residents. A brief understanding of GDPR can be found on our website over here.

The present article talks about some loopholes that these new privacy regulations may have.

Legitimate interests

One of the most important provisions of the GDPR is that processing of data shall be lawful only if the data subject has given consent to the processing of his or her personal data for one or more specific purposes.1 However, the same provision contains another condition that processing of data shall be lawful processing if it is necessary for the purposes of the legitimate interests pursued by the controller or by a third party. It is

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