Director General of Khorramshahr Port and Maritime: more than 29 thousand 912 tons of container goods have been unloaded and loaded in Khorramshahr port during the first two months of this year.

 

PMO News Portal – Reporting a 38% increase in General Cargo loading in this port complex, Noorullah Asadi stated: During the first two months of this (Iranian) year, 75,203 tons of public goods have been loaded in Khorramshahr port.

Referring to the unrelenting operations of Khorramshahr port during the outbreak of Corona virus, he added that Port and maritime activities are being carried out in compliance with all health protocols and during the first two months of this year, more than 447,921 tons of goods have been loaded and unloaded in Khorramshahr port. also,During this period, more than 126 vessels have traveled called Khorramshahr port, which has increased by 133% compared to the same period last year.

Khorramshahr port has 20 berths, 230 hectares of hinterland and advanced equipment. the port is located in the Arvand Free Trade Zone, benefiting from a multi-modal transportation system and connection to the Imam Khomeini port corridor.

 

SOURCE READ THE FULL ARTICLE

https://www.pmo.ir/en/news/54331/51-increase-in-container-loading-and-unloading-in-Khorramshahr-port


General cargo ship OLIVIA M interrupted her voyage on Jun 3 in Med south of Sicily, and headed for Trapani, Sicily, requesting medical assistance. The ship reported Russian Chief Engineer falling ill with heart attack symptoms. Italian CG helicopter with doctor met the ship while she was offshore, doctor was lowered on board, and attended sick crew with emergency aid. Chief Engineer was winched to helicopter and transferred to hospital. OLIVIA M anchored at Trapani Anchorage in the evening Jun 3, and as of 1230 UTC Jun 4, remained anchored. The ship is en route from Turkey to Denmark.

New FleetMon Vessel Safety Risk Reports Available: https://www.fleetmon.com/services/vessel-risk-rating/

 

SOURCE READ THE FULL ARTICLE

https://www.fleetmon.com/maritime-news/2021/34037/russian-chief-engineer-suffered-heart-attack-airli/


The Unified Command in charge of the disposal of the wreck in GOLDEN RAY reported an oil spill which the workers were attempting to contain both on the water and along the coastline of St. Simons Sound.

According to the St. Simons Sound Incident Response, the leak appeared Tuesday while continued cutting activities for Section Three were underway. Mitigation activities were concentrated on the coast and the area surrounding the crash site.

On Tuesday after the regular Sunday inspection, Wreck removal professionals commenced chain cycling activities and recommended maintenance of the rigging system of the cutting devices, confirmed the Unified Command.

As per the Unified Command’s website, it has created a multi-layered method for monitoring, assessing, documenting, and preventing any oil or debris discharges during cutting and lifting operations.

Recovery crews are stationed at the Environmental Protection Barrier, along the coast, and in the sea surrounding the wreckage, while rescuers also maintain protective barriers in vulnerable areas in St. Simons Sound.

T&T Salvage is the primary contractor for the wreck removal operation.

It was last Thursday, nearly two weeks after a fire delayed the project, that the work to continue cutting the next portion of the GOLDEN RAY wreck had restarted. The reboot of work followed a thorough examination of the wreck removal equipment, which determined that the VB-10000 cutting apparatus, along with the fire suppression equipment are all completely operational.

Back in September 2019, the GOLDEN RAY lost control and came to a halt on a rocky beach in St. Simons Sound, Georgia when it left the Port of Brunswick carrying 4,200 automobiles. Except for weight shedding on a section-by-section basis (i.e. removal of automobiles and debris), all automobiles have stayed inside the wreck as each part is accessed and removed.

The VB-10000, a heavy-lift catamaran barge that is visibly floating over the wreck, is being used to remove it. The vessel uses a cutting chain to separate the wreck into eight chunks, which are then hoisted onto a barge, secured, and transferred to a Louisiana recycling facility.

 

SOURCE READ THE FULL ARTICLE

https://www.fleetmon.com/maritime-news/2021/34021/oil-spill-reported-golden-ray-wreck-site/


The United Nations uses June 5 every year as an opportunity to draw public attention to the negative impacts of IUU, which undermine its sustainable development goals to ensure fisheries can provide food and jobs. This year, questions over sustainability and the consumption of seafood have found their way into mainstream debate following a controversial Netflix documentary, Seaspiracy.

More than a third of the world’s fish stocks are overfished, meaning taken at a rate where they cannot replenish themselves. Illegal activity adds even more pressure, degrading the marine environment, making it harder to determine fish numbers, and harming the prospects of legal fishers and people in the poorest parts of the world.

What is IUU fishing?

Illegal, unreported and unregulated fishing (IUU) includes all fishing that breaks fisheries laws and regulations or occurs outside their reach.

Illegal fishing usually means without a licence, in an area where fishing is banned, with prohibited gear, over a quota, or for protected species. Very often it’s a vessel entering a nation’s water with no fishing licence, or fishing with a licence but catching more than is allowed.

Then there is the problem of unreported and under-reported catches by licensed vessels looking to flout quotas or catch prohibited species.

Though most of the world’s fish are caught in the national waters of coastal states – within 200 nautical miles of their shorelines – a lot of unregulated fishing occurs beyond that on the high seas, which cover almost 45 percent  of our planet. Patchy regulation and enforcement in this vast area allow rampant IUU.

Where does it happen?

IUU occurs everywhere, from shallow coastal or inland waters to the most remote stretches of the ocean. It particularly affects nations in the global south where fisheries management may be poorly developed, or where there are limited resources to oversee their waters or enforce regulations. West Africa and the Western Central Pacific are assessed as having the highest rates of illegal fishing, followed by the Bering Sea and the Southwest Atlantic.

How much fish is caught illegally?

There are no reliable figures on global IUU – but experts estimate that more than one in five (22%) landed fish is caught illegally, with this figure rising as to one in four off Africa. Every year, an estimated $26-50 billion worth of revenue is lost to IUU.

Why is IUU such a serious threat?

IUU contributes to the over-exploitation of fish populations, hinders their recovery and damages the marine environment. Thousands of marine species die as bycatch and delicate habitats are destroyed by the unregulated use of harmful practices like bottom-trawling.

IUU adversely affects the wellbeing of fishing communities, especially in the global south where many people rely on fish for food and revenue. It exacerbates poverty and contributes heavily to food insecurity. It also has direct ties to organized crime including human trafficking, drug smuggling, and slavery.

Why does IUU fishing happen?

The main driver is money – fishers pay no taxes or duties on their illegal catches. But IUU only happens because offenders can get away with it. It is most common in countries unable to set up or enforce effective fisheries controls.

What enables IUU?

One major obstacle in the fight against IUU is flags of convenience – flown by foreign fishing vessels to take advantage of minimal regulation, cheap registration fees, low or no taxes and the ability to employ cheap labor. While the practice is not illegal, using a flag of convenience allows IUU fishers to conceal their operations or avoid international laws designed to conserve marine resources. Thirty-five nations have open registries where an owner doesn’t need to meet any nationality or residency requirements. Open registries conceal the true owners of a vessel; facilitate tax avoidance and appalling working conditions for seafarers; and are linked to devastating oil spills.

Another common IUU practice is transshipment – where vessels fishing in the high seas for high-value species like tuna offload their catch onto refrigerated transport vessels known as “reefers.” The reefers bring food, fuel, bait and labor and take away the catch as boxes of frozen fish. It is technically legal and a cost-effective way for vessels to remain at sea for longer. But because the vessels do not come into port, it is hard to determine whether the catch is legal.

How can IUU fishing be stopped?

A number of mechanisms exist or are being negotiated over in an attempt to bring an end to this damaging black market.

The UN has chosen June 5 as Fight against IUU Day because it’s the anniversary of when the Port State Measures Agreement (PSMA) came into effect in June 2016. This is the first binding international agreement to stop illegally caught fish entering markets through ports. To date, 68 nations plus the European Union are party to the PSMA. China, as the world’s fishing superpower, is key, and it is hoped it will ratify it soon.

The UN’s Sustainable Development Goal 14, “Life Below Water,” calls for an end to harmful subsidies that contribute to overcapacity, overfishing and IUU. The World Trade Organisation has been trying to resolve this issue for nearly 20 years, and last year it failed to meet its 2020 deadline, partly due to COVID-19. But there are signs a deal may finally be in sight: the new director-general, Ngozi Okonjo-Iweala of Nigeria, has made fisheries subsidies a priority, and is convening a ministerial conference in July with the aim of finalizing negotiations.

Better monitoring, control and surveillance are defending marine protected areas globally and there are industry and national efforts to increase the traceability of seafood throughout the supply chain. Technology such as vessel monitoring systems (VMS), automatic identification systems (AIS) and on-board Electronic Monitoring is helping authorities spot vessels fishing beyond legal limits.

What can consumers do?

Ultimately, IUU fishing is a response to the ever-increasing global appetite for seafood. Consumers can play their part alongside international efforts by making informed choices where possible. Look for trusted labels such as the international Marine Stewardship Council (MSC) which verifies your fish was caught transparently. Or use online resources to learn about which species are best to buy and which to avoid. You can also put pressure on your country’s representatives to reach an ambitious deal at the WTO subsidies negotiations.

Jessica Aldred is special projects editor for China Dialogue, focusing on globally important environment themes including the ocean and biodiversity. She spent 10 years as deputy environment editor at the Guardian, and has nearly 20 years’ experience working in the newsrooms of major media organizations in London, Sydney and Melbourne.

This article appears courtesy of China Dialogue Ocean and is reproduced here in an abbreviated form. It may be found in its original form here.

 

SOURCE READ THE FULL ARTICLE

https://www.maritime-executive.com/editorials/un-highlights-illegal-fishing-with-fight-iuu-day


The German federal government approved a new round of financing to support the financially troubled MV Werften shipyard with operations in Wismar, Warnemunde, and Stralsund, Germany. The shipyard had been facing bankruptcy since its operations were suspended 14 months ago during the pandemic and had been contributing to the financial difficulties of its parent company Genting Hong Kong. The shipyard had received a series of bridge loans starting last fall to continue limited operations.

After months of negotiations between the German federal and regional government, the shipyard’s labor unions, MV Werften, and Genting Hong Kong, the Economic Stabilization Fund set up by the federal government to assist with the recovery from the pandemic has agreed to provide further financial support for the shipyard. The new economic support will be used as post-construction financing for the exploration cruise ship Crystal Endeavor that yard has nearly completed as well as to finance the construction of Genting’s first Global Dream cruise ship and for general corporate purposes.

“This is an important decision that gives employees in the region and the country as a whole confidence,” Federal Minister of Economics Peter Altmaier told the German news outlet NDR. “The shipyards now have the chance to successfully emerge from the pandemic-related crisis.”

The new financing will be completed in two tranches. The yard will receive $261 million in a new subordinated secured loan facility and Germany will invest an additional $85 million in the form of a limited-recourse equity stake. As part of the rescue package, the unions also agreed to an approximately 20 percent reduction in the workforce, or 650 jobs from the 3,000 jobs before the yard suspending operations in 2020.

“We are pleased with the outcome and would like to express our sincere gratitude to the ministries of the federal and regional governments, the KfW investment and development bank, and the other banks for their commitment, and also for the hard, but fair negotiations during the course of the past few months,” said Carsten J. Haake Managing Director of MV Werften.

The management of MV Werften also expressed renewed confidence, pointing to signs of recovery within Germany and the cruise industry. They highlighted the reduced restrictions as COVID-19 vaccinations have become more available which they said was “enabling supply chains to revert to the just-in-time mode,” the yard employed before the pandemic.

The bridge financing provided in 2020 was used primarily for the completion of the expedition cruise ship which will enter service this summer more than a year behind schedule for Genting’s luxury cruise brand Crystal Cruises. The 20,200 gross ton ship completed final sea trials the last week of May and is due to enter service on July 17.

The Global Dream is a 208,000 gross ton cruise ship being built for Genting’s Asian cruise line Dream Cruises. It has been under construction at the shipyard since 2018. Limited work had been proceeding on the vessel over the past year, but the new financing is designed to support the completion of the ship. Delivery on the cruise ship is now scheduled for 2022.

MV Werften was set up by Genting in 2016 through the acquisition of a series of shipyards in Germany. The yard was established to build ocean going and river cruise ships for Genting’s brands and planned to market to the broader cruise industry. With the new financing in place, the yard once again hopes to attract new orders, including a sister ship to the Crystal Endeavor. The yard had begun work on the second Global Dream cruise ship, but it will remain suspended at this time pending further financing.

Genting Hong Kong has been undergoing its own financial restructuring brought on by the impact of the pandemic in the cruise and hospitality industries. Completion of the financing agreement with Germany was a key part of Genting’s package, although the company must also raise additional capital before the end of the year to support its cruise and casino operations.

In addition to the financing being provided to the shipyard, the German fund has also provided support to other companies in the travel and hospitality industry, including the German airline Lufthansa and tour operator TUI.

 

SOURCE READ THE FULL ARTICLE

https://www.maritime-executive.com/article/germany-finalizes-terms-of-financial-rescue-for-mv-werften-shipyard


As part of the effort to stem the tide of plastic pollution entering the world’s oceans, the Coca-Cola Company is joining with The Ocean Cleanup to expedite the deployment of cleanup systems in fifteen rivers around the world. The partnership is part of the Dutch non-profit foundation’s efforts to stop plastic pollution by capturing it before it enters the world’s oceans.

Through the partnership, The Ocean Cleanup, together with Coca-Cola, will implement the foundation’s technology know as the Inceptor in fifteen rivers by the end of 2022. Two Interceptors included in the partnership have already been installed in Santo Domingo, the Dominican Republic, and Can Tho, Vietnam. For these rivers, the partnership will help provide support in the development of waste management solutions for collected trash.

The organizations plan to extend the footprint of the Inceptor project across thirteen additional rivers in the next 18 months. In addition, they also hope to engage and mobilize both industry and individuals around the world to address plastic pollution, by eliminating plastic waste entering the world’s oceans and supporting ecosystems and water resources.

“The Ocean Cleanup’s mission is to rid the oceans of plastic,” said Boyan Slat, Founder and CEO, The Ocean Cleanup. “With 1000 rivers emitting nearly 80 percent of river-carried plastic into oceans, this massive problem grows by the day, which is why we are always looking to accelerate our progress. Among the waste we collect with our cleanup systems, we find many plastic bottles, including Coca-Cola packaging, so I applaud them for being the first in the industry to join our mission, as part of their wider actions to make a positive impact on worldwide plastic pollution. Our clear intent is to take our learnings from this partnership, which has the potential to evolve in the future and continue to scale rapidly. That’s why I believe this is good news for our oceans.”

The foundation’s Interceptor was unveiled in 2019 and is the first scalable solution to prevent plastic from entering the world’s oceans from rivers. It is solar-powered, extracts trash autonomously, and?is capable of operating in the majority of the world’s most polluting rivers.

The partnership will provide support for the local community engagements needed to deploy new Interceptors, as well as in the subsequent processing of the collected plastic via waste management expertise. The Ocean Cleanup and Coca-Cola will work together to secure the new partners and investment needed to continue to scale the enterprise through the roll-out of additional Interceptor solutions, as well as to secure licensing support and deploy River Monitoring System (RMS) cameras to conduct further analysis of river pollution.

Brian Smith, President and Chief Operating Officer, The Coca-Cola Company, said: “The Ocean Cleanup has a clear vision and proven technologies to support its goal to rid the world’s oceans of plastic. At Coca-Cola, we have teams on the ground who will support the deployment of new Interceptors in rivers around the world, as well as the processing and recycling of the waste collected. Working together, we believe we can have real impact. That’s exciting: it’s something we know our employees in every corner of the world will get behind, by helping to support the local implementation work and as ambassadors for the wider mission.”

According to The Ocean Cleanup, tackling plastic waste will require action and thinking from the best and the brightest, including civil society, industry peers, and the public sector. Accordingly, The Coca-Cola Company has helped to establish or has joined global partnerships that will help to realize the vision for a World Without Waste. The collective goal is to encourage more people to recycle and reuse and more organizations to invest in the circular economy, in which products and materials at the end of their useful life retain their value and are returned to the manufacturing process as part of a closed-loop in which little, if anything, is wasted.

 

SOURCE READ THE FULL ARTICLE

https://www.maritime-executive.com/article/coca-cola-joins-the-ocean-cleanup-in-tackling-ocean-plastic-pollution


Believe it or not, it’s still a little too early to see what impact the new regulation is having, although this is line with our expectations given the data protection regulators around Europe were inundated with reports of data breaches that still related to pre-GDPR enforcement. Only within the last few months, are we now starting to see some examples of organisations that are falling foul of post GDPR requirements, however despite this, what we do know is the shipping sector needs to be continually switched on to the requirements of GDPR given the day-to-day processing activities undertaken by shipping companies.

Processing activities include the processing of crew information, the transfer of personal information between a shipping company and third parties such as a port agents, manning agents or P&I clubs and the international exposure of data transfers resulting from these relationships.

Shipping companies should also remember personal health records are often collated and processed, triggering the GDPR requirements surrounding the processing of special categories of personal data.

The real issue that organisations in all sectors, including shipping, are coming across is the GDPR requirement surrounding ‘accountability’. Post 25 May 2018, it’s important that any organisation is fully compliant or able to provide evidence that they are actively working towards compliance to satisfy the accountability and transparency principles of the GDPR.

So as professional advisors, what are we seeing now, some ten months later?

There are still a significant number of shipping companies continuing to work towards full compliance, but very quickly we’re seeing a shift from ‘getting ready for GDPR’ to focusing on how to satisfy the accountability requirement – that is, how you will ensure your shipping company continues to comply with the regulation in future.

Article 5 of the GDPR focuses on the accountability principle. This is the part of the regulation all shipping companies must be on top of and be able to evidence, at least annually, going forward.

The responsibility of satisfying the accountability principle falls upon the assigned Data Protection Officer or, if one is not deemed necessary, the individual that has been allocated the responsibility of data protection within an organisation.

Shipping companies need to consider whether all policies, procedures and systems introduced or amended are being adhered to and whether they’re working effectively, to ensure you continue to operate within the expectations of the regulation.

This means introducing a GDPR compliance project plan that incorporates appropriate testing and verification techniques, so at the end of the year, management are able to assess what’s working well and what needs further improvement.

We’ve launched our Data Protection Officer support function service and our outsourced Data Compliance Officer function, which includes the management and running of the ongoing GDPR compliance monitoring plan, but moreover enables your shipping company to pass more of the responsibility of data protection to us as an outsourced provider.

 

Source: hellenicshippingnews


Introduction

The EU General Data Protection regulation (GDPR) was approved by the EU parliament on 14 April 2016 and comes into force on 25 May 2018. This piece of legislation introduces a new data protection framework to be applied to all the EU member states. This new regime – indeed much more severe and cogent than the existing one – aims to provide a greater amount of rights on individuals in relation to their data. As a result, the amount of obligations upon the organizations with regard to storage, collection, and treatment of personal data will definitely increase. One of the key changes is certainly the consequences in case of GDPR breaches. Fines for non-compliance, in fact, may reach up to either Euro 20 million or 4 % of the annual turnover (whichever is higher) for serious breaches.

 

What is Personal Data?

Pursuant to article 4 of the GDPR, personal data means any information relating to an identified or identifiable natural person, so-called data subject. A natural person can be identified by an identifier such as a name, identification number, location data or through factors specific to social identity. Further to this, Special Category personal data is data revealing racial or ethnic origins, political opinions, religious or philosophical beliefs, genetic and medical information. Organizations are subject to additional obligations while processing these special data.

 

When does an organization “Process” Personal Data?

Processing personal data means to perform an operation related to certain personal data; for example, by using, deleting, amending or disclosing such personal data.

 

Why the Shipping Industry will be affected by the GDPR?

Shipping companies store and handle a great amount of personal data, for instance passenger information, crew member details, travel documents, training records, bank details and other information gathered in the ordinary course of business. Moreover, shipping companies are likely to share this information with third parties such as port agents and P&I clubs.

Not only shipping companies will be subject to the GDPR. Brokers, surveyors, agents, correspondents, external services providers, very often deal with personal data, sometimes also sensitive ones. For instance, a personal injury claim or a claim involving a minor; in this case, the claimant – i.e. the data subject – will enjoy the right conferred by the GDPR.

 

To whom the GDPR applies to?

The GDPR applies to people of all nationalities when their personal data is processed by an organization established in EU. Also, the GDPR applies to non-EU organizations when they process personal data of people who are based in EU.

 

What are the consequences of failing to comply with the GDPR?

Indeed, the GDPR introduces draconian punishments. Fines for non-compliance may reach up to either Euro 20 million or 4 % of the annual turnover (whichever is higher) for serious breaches. For less serious offences, fines can reach up to Euro 10 million or 2% of turnover.

Apart from pecuniary punishments, non-compliance with the GDPR might keep the faulty organization away from important business opportunities in the future. Indeed, without mentioning the reputational consequences of a data breach, the GDPR compliance might become a paramount requirement for the companies in order to take part to the EU public contract tender, or in order to contract with companies siting in EU.

 

What should an organization do?

In order to comply with the GDPR, an organization should follow these 8 practical and essential steps:

  1. Awareness: be aware that the law is changing to the GDPR. All the people of an organization must understand the impact of this new piece of legislation.
  2. Information audit: assess what personal data the organization holds, where it comes from and who it is shared with. The audit is usually conducted by a legal team or professional firms with expertise in privacy matters.
  3. Draft privacy notice: after the audit is concluded, it is possible to draft a tailor-made privacy policy according to the types of personal data that the organization process. Certain organizations are advised to draft several privacy policies, for example, one which contains specific wording where special category data is collected, another one for commercial use, and another one for HR purposes.
  4. DPO: where appropriate, appoint a Data Protection Officer (DPO). An organization is required to appoint a DPO – i.e. someone to take responsibility for data protection compliance – where carries out the regular and systematic monitoring of individuals on a large scale or, carries out the large-scale processing of special categories of data such as health records, or information about criminal conviction. A competent external DPO can bring technical expertise and help to save time.
  5. Consent: review how the organization obtains, records and manages consent. Consent must be specific, granular, clear, prominent, properly documented and easily withdrawn.
  6. Individuals’ rights: check the procedure and be sure that they cover all the rights that individuals have. According to the GDPR, individuals have the right to: be informed, access, rectification, erasure, object and restrict processing. Therefore, the organization, for instance, should be ready to react if someone asks to have their personal data delated or modified.
  7. Data Breaches: make sure that the right procedures are in place to detect, report and investigate a personal data breach, so-called Incident Report Plan. Authorities must be notified of any breach of the regulations within 72 hours of the event.
  8. Training: ensure that organization personnel is trained about the GDPR compliance. A GDPR crash course along with periodic training would be appropriate in certain circumstances.

 

Will the GDPR affect the data that a ship uses and shares?

Yes, in so far as such data is considered Personal Data pursuant to article 4 of the GDPR.

 

Is a commercial data (B/L, Data of Vessel) subject to GDPR?

No, unless commercial data includes personal data.

 

Are the GDPR fines excluded from a P&I cover?

No. However, cover for such fine would indeed requires that all the reasonable steps to avoid the breach had been taken.

 

Source: macchimaggesi


The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is set to come into force in May 2018. It is a regulation by which the European Parliament, the Council of the European Union and the European Commission intend to strengthen and unify data protection for all individuals within the European Union (EU).

The GDPR replaces the EU Data Protection Directive and applies to all member countries without the need for national legislation. After four years of discussion and amendments, the regulation officially takes effect on May 25, 2018 and places the EU at the forefront of data protection standards.

Ince & CO explains, “Shipping companies collect a great deal of personal data, including passenger information, crew and employee details, customer lists and details of business contacts. The complex global nature of the industry and high level of personal data processed and exchanged, often across national borders, can leave information vulnerable to security breaches, intentional or otherwise. Implementing effective data protection controls into daily operating procedures is a huge challenge. However, when the EU General Data Protection Regulation and the UK’s Data Protection Act 2018 come into force on 25 May 2018, businesses ignore them at their peril, as non-compliance can result in large fines and reputational damage. There are also commercial benefits to effective compliance: companies that protect the privacy of their passengers, employees and business associates and conduct properly targeted marketing campaigns will be more likely to attract and retain business and staff.”

Lester Aldridge underlines the steps companies need to take to prepare for the GDPR, stating, “under the GDPR, there is a full list of action points for businesses to take to ensure data protection compliance. The following 5 key steps are perhaps the most important ones that should help company’s process data correctly:

  1. Appoint a data protection officer to ensure compliance.
  2. Implement a system internally to ensure the relevant supervisor is informed of a personal data breach within 72 hours of first becoming aware of the breach.
  3. Adopt an updated data protection and privacy policy by analysing your system and practice to ensure that data is processed in accordance with the permitted legal grounds
  4. Run audits and risk assessments on collected personal data and keep the individuals informed about processing their personal data.
  5. Provide training to your employees and ensure that they are abreast with the correct processes and ensure that data controllers have contracts with all of their data processors.”

With large potential fines (the greater of up to 4% of global turnover or 20 million Euros), risk of claims from individuals and reputational damage, businesses need to make the necessary changes to their systems and policies now in order to be prepared when the GDPR “goes live” on 25 May 2018.

HFW states, “The GDPR will also apply to organisations established outside of the EEA if certain conditions apply, including where they monitor the behaviour of individuals within the EEA (for example, via cookies), offer goods or services to individuals within the EEA (note that if you offer goods or services to a business that business has individuals within it) or where EEA Member State law applies in accordance with international law, e.g. where a vessel is flagged with an EEA Member State registry.

Particular factors to consider when determining whether the GDPR will apply are:

  • Are any of your vessels flagged within the EEA?
  • Is your website directed towards customers based in the EEA, for example by giving an option to choose a “UK” setting, an EEA currency, or a particular language?.
  • Can your services be bought from within the EEA?
  • Do you have a registered establishment or an office in the EEA?
  • Is your business currently registered with an EEA data protection authority, such as the UK’s Information Commissioner’s Office (the “ICO”)?
  • Do you use servers located in the EEA?
  • Do you monitor the behaviour of any individuals within the EEA (irrespective of their nationality or habitual residence)? For example, if your website uses tracking cookies, then you are “monitoring individuals” for the purposes of the GDPR.

If the answer to any of these questions is yes then it is likely that the GDPR applies to you.

The GDPR introduces a host of new obligations and requirements with which businesses must comply. Five key action points are as follows:

  1. Conduct a data audit. Data controllers and processors alike are required to keep records of their personal data processing. Analyse your systems and practices to check what personal data you process, why, how you use them, where they are stored and whether you still need them. Check whether you process them in accordance with one of the permitted legal grounds (e.g. has the individual given their consent, or is the processing necessary for the performance of a contract with the individual, or necessary for a legitimate business interest). “Sensitive” personal data are subject to stricter rules and processing usually requires the individual’s consent. Note that “consent” is more difficult to obtain under the GDPR regime than under the UK Data Protection Act 1998 which implements the current EU data protection regime. Criminal records of employees or service providers can only be processed in accordance with specific EEA Member State laws. Document your findings and decisions.
  2. Draft or amend policies and procedures. The GDPR strengthens and adds to individuals’ rights, for example it strengthens the rights to have personal data deleted or frozen, adds a new right of “data portability” where an individual can request that personal data stored electronically be transferred to a different data controller, and shortens timelines for compliance with individuals’ requests. It also imposes new obligations on all data controllers to report personal data breaches to relevant data protection authorities within 72 hours, and to report breaches to individuals concerned (if the breach is high risk) “without undue delay”. It introduces a new concept of “privacy by design”, which requires businesses to think about protecting individuals’ privacy at the very beginning of any new project and to conduct “privacy impact assessments” calculating the potential risks to individuals’ privacy rights. Businesses will need to update (or draft) policies and procedures to ensure compliance with these obligations.
  3. Inform individuals about your processing through fair processing notices. Individuals must be kept informed about the processing of their personal data. The GDPR increases the amount of information which must be included in these notices. Privacy policies will need to be updated and businesses will need to amend (or draft) notification forms.
  4. Amend or put contracts in place with data processors. The GDPR requires data controllers to have contracts in place with all of their data processors, containing certain elements specified in the GDPR.
  5. Appoint a data protection officer. Many businesses will be required to appoint data protection officers, or may choose to do so voluntarily, given the increased risks associated with data protection.”

The UK P&I Club suggests an action plan in accordance with the GDPR stating, “In order to comply to the full scope of the GDPR, it is recommended that organisations seek legal counsel.

At a minimum, here are a few high-level action items:

  • Get consent: A data controller must be able prove that consent was given by the data subject.
  • Conduct a Data Protection Impact Assessment: It’s important to assess privacy risks of processing personal data of individuals.
  • Where appropriate, appoint a data protection officer: This person is responsible for overseeing compliance and data protection strategies.
  • Be prepared to report data breaches: Under the GDPR organisations must report a breach within 72 hours.
  • Maintain records of processing: Article 30 states that controllers “shall maintain a record of processing activities under its responsibility.”

The GDPR will change the way the shipping industry handles data forever. It is something that must be taken very seriously as any violation will result in severe repercussions. Organisations that fail to comply will face significant fines—as high as four percent of the organisation’s annual revenue. Furthermore, individuals may take action against any entity that improperly handled their personal data.

 

Source: seanews


Two years to go. The International Maritime Organization (IMO) encourages ship owners and managers to have incorporated cyber risk management into ship safety by the 1st of January 2021. But what does that mean? And how to address maritime cyber risks?

Digitalization

The maritime sector is on the verge of a digital disruption. Digitalization is increasingly considered one of the key solutions to the many significant challenges the sector is facing, ranging from overcapacity, low margins, regulatory pressure, and lack of efficiency, to new digital demands from customers. Although digital transformation of the maritime sector is still in its infancy, it’s safe to assume that digitalization will have a major impact on operations and existing business models in the years to come.

But fast-moving changes do not come without risk. Industrial automation and control systems that were once isolated and deemed secure, are increasingly being connected to corporate networks and the Internet. Individual devices across enterprise Information Technology (IT) and Operational Technology (OT) networks – from smart digital equipment and tools to navigation, engines and more – will present potential new pathways to cyber attacks and incidents on vessels.

First steps towards regulation

This has driven IMO to issue the Resolution on Cyber Risk Management. The resolution “encourages administrations to ensure that cyber risks are appropriately addressed in safety management systems” by 2021.

While that does not sound too obligatory, potential implications of inappropriate cyber risk management are obvious, as it may lead to, for example:

  • Increased (unforeseen) expenses;
  • Operational loss due to incidents;
  • Safety and personnel damage;
  • Limited competitive edge.

But potentially, consequences are more widespread. Lack of compliance with these requirements may also lead to increased insurance fees, port access denial and even detention of ships, again meaning huge financial losses for their owners.

It is expected that, though for now just a recommendation, the IMO Guidelines can become the GDPR for the maritime sector: that regulation where noncompliance potentially affects your license to operate – and that regulation that seems difficult to get a grip on.

As cyber security may not be the core business of most maritime organisations, proper guidance on efficiently incorporating cyber risk management is needed. This is where KPMG offers its global expertise on cyber security advisory and digital risk management for the maritime sector.

Addressing cyber risk

KPMG’s solutions aim at letting maritime organisations manage cyber risk in the way that is intended in, for example, the IMO Guidelines on Maritime Cyber Risk Management and the BIMCO Guidelines on Cyber Security Onboard Ships. This includes:

  • Identify: To be able to identify and manage risks and turn them into business advantages, you first need to understand your connected landscape and identify the most relevant threats and highest risks for your environment.
  • Protect: Once you understand your maritime IT and OT landscape and the impact and risks of the different systems within, you can take appropriate measures to protect it where relevant.

 

Source: linkedin


Company DETAILS

SHIP IP LTD
VAT:BG 202572176
Rakovski STR.145
Sofia,
Bulgaria
Phone ( +359) 24929284
E-mail: sales(at)shipip.com

ISO 9001:2015 CERTIFIED