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Webyog GDPR Compliance Commitment

Webyog, Inc. (“Webyog”) is committed to the General Data Protection Regulation (“GDPR”), which will go into effect on May 25, 2018. The GDPR regulation contains the most significant changes to European data privacy legislation in the last 20 years. It is designed to give European Union (“EU”) citizens more control over their data and seeks to unify a number of existing privacy and security laws under one comprehensive law. The GDPR applies to all companies that do business with EU citizens or process data of EU citizens regardless of the location of the company that is processing such data. To that end, the GDPR applies to Webyog

Our customers can trust that Webyog has made GDPR a priority and has devoted significant and strategic resources toward our efforts to adhere with GDPR.

Like many other global software companies, Webyog is in the process of rolling out its company-wide GDPR policy program starting on May 25, 2018. Webyog appreciates that its customers have requirements under the GDPR, which are directly impacted by their use of Webyog’s products and services, and Webyog is committed to helping its customers fulfil their requirements under the GDPR and local law.

Webyog’s customers will typically act as the data controller for any personal data they provide to Webyog in connection with their use of our products and services. The data controller determines the purposes and means of processing personal data, while the data processor processes data on behalf of the data controller. Webyog is a data processor and processes personal data on behalf of the data controller when the controller is using Webyog’s product and services.

Data controllers (e.g. Webyog’s customers) are responsible for implementing appropriate technical and organizational measures to ensure and demonstrate that any data processing is performed with GDPR in mind. Our customers’ obligations as data controller relate to principles such as fairness and transparency, purpose limitation, lawfulness, data minimization, and accuracy, as well as fulfilling data subject’s (e.g. the customer clients of our customers) rights with respect to their data.

Webyog will keep you informed through its website about its policy with the GDPR requirements; however, should you have any questions or concerns, please do not hesitate to contact our legal department at compliance@Webyog.com

Questions about GDPR?

If you have questions about Webyog’s GDPR commitment or if you would like to submit an inquiry about your personal data, please fill out and submit this form. A Webyog representative will be in touch shortly.

Frequently Asked Questions about
GDPR Compliance

Webyog Softworks Private Limited (“Webyog”) prepare this document to help you clarify some common confusions around the General Data Protection Regulation (“GDPR”). Webyog recognizes the importance of the evolving legal and regulatory landscape around information security and data privacy and remains firmly committed to GDPR readiness.

Does my data need to be stored in Europe?

No. The GDPR does not contain any obligation to store information in Europe. However, transfers of European personal data outside the European Economic Area (EEA) generally require that a valid transfer mechanism be in place to protect the data once it leaves the EEA. The GDPR does not invalidate or override the EU Model Clauses or the EU-U.S. and Swiss-U.S. Privacy Shield Framework, which are both legally valid mechanisms to ensure the legal transfer of personal data into and out of the EEA.

Does the GDPR apply to company that is established outside the European Union?

Yes. The GDPR applies to all companies regardless of where it is located to the extent Webyog process personal data in the context of (A) offering goods and services (whether paid or not) to people in the EEA; or (B) monitoring the behavior of people in the EEA, for example by placing cookies on the devices of EEA individuals.

Is it required to have consent from individuals to process their personal data?

Consent is only one of the legal bases a company can use for the processing of personal data. For example, Webyog can process personal data (A) when necessary for the performance of a contract to which the data subject (the individual whose data is processed) is a party; (B) when there is a legal obligation to do so (such as the submission of employee data to a tax authority); and (C) sometimes even on the basis of legitimate interests, such as commercial and marketing goals. The legitimate interest must, however, outweigh any detriment to the privacy of the data subject.

What is the difference of ‘data controller’ and ‘data processor’?

Data Controller is the owner of their information and decides how that information should be used. Data Processor is an entity who processes the personal data of the Data Controller and carries out instructions of the Data Controller with regard to this data. Generally speaking, when Webyog collects data from a customer in order to create an account, Webyog will be the Data Controller. Formal definitions from the GDPR full text may be found at http://ec.europa.eu/justice/data-protection/reform/files/regulation_oj_en.pdf

As an owner of the data (e.g. data subject) located in the EEA, do I have the absolute right to be forgotten? Putting another way, is Webyog obligated to delete all my personal data upon my request?

No. The right to erasure (or right to be forgotten) is not absolute. Webyog may refuse to honor the request if continued processing is necessary for compliance with a legal obligation which requires processing by Union or Member State law to which Webyog is subject. In addition, Webyog can refuse to honor the request for the establishment, exercise or defense of legal claims. Therefore, several relevant factors have to be taken into account when considering a request for deletion of personal data by the data subject. Note, however, that data subjects have an absolute right to prevent their personal data from being processed for direct marketing purposes.

Does the GDPR require encryption of all personal data?

No. The GDPR does not mandate specific security measures. Instead, the GDPR requires organizations to take technical and organizational security measures which are appropriate to the risks presented. Encryption at rest and pseudonymization may be appropriate depending on the circumstances, but they are not mandated by the GDPR in every instance. The following are kinds of security actions considered “appropriate to the risk” (1) the pseudonymization and encryption of personal data (as mentioned); (2) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; (3) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; and (4) a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.

NOTE: The above information is provided by Webyog for informational purposes only and is not intended to serve as legal advice. You should contact your attorney to obtain advice with respect to any particular GDPR question, issue or problem.