Tal Itzhak Ron and Stephanie Attias of Tel Aviv-based law firm Tal Ron, Drihem and Co, explore the potential conflict between blockchain technology and GDPR
Crypto currencies challenge the landscape for financial services and continue to transform data on a daily basis. With the General Data Protection Regulation (GDPR) coming into effect on May 25, 2018, data protection will become increasingly stringent and pose certain challenges for blockchain technology. While GDPR protects consumers and their personal data, it is questionable whether such regulations are actually adapted to innovative technologies like blockchain. Which data protection laws will apply? What actually constitutes personal data in the blockchain context? How will the right to be forgotten be applied to blockchain?
INTERGAMINGi: With GDPR coming into effect in the next few months, what extra precautions do gaming companies need to take when considering acquiring customer lists from data companies or other third parties for marketing purposes? The main issue here will be to obtain the consent of every data subject, which under the GDPR means: “any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.” While it is no news that consent must be unambiguous, the GDPR now contains a stricter requirement that consent should contain either a “statement” or “clear affirmative action in order to be valid”. Such clear affirmative action could include: ticking a box online; choosing technical parameters for information society services; or any other statement or conduct which clearly indicates the data subject’s acceptance of the proposed data processing activities. On the other hand, it is extremely important to keep in mind that silence, pre-ticked boxes and inactivity, will absolutely not constitute consent!
