What is GDPR ?
The General Data Protection Regulation (GDPR) is a regulation in the European Union in the area of data protection . It replaces the Data Protection Directive 95/46/EC, which was introduced in 1995 . The GDPR was adopted on April 14, 2018 and came into force on May 25, 2018 . The GDPR regulates the handling of personal data by controllers and processors .
Under the GDPR, all data controllers must appoint a Data Protection Officer (DPO) and must implement risk management processes and establish an incident response plan . These are intended to help organizations deal with data breaches, protect the personal data of EU citizens and adhere to principles of data minimization and data accuracy . GDPR also requires the reporting of data incidents within 72 hours, regardless of the cause .
Under the GDPR, personal data must be :
- Legitimate and necessary for the purposes for which it is being processed .
- Accurately and carefully collected .
- Processed in a transparent, consistent and fair manner .
- Erased or destroyed where no longer needed and subject to regular monitoring .
Organizations that process personal data must disclose their contact information to individuals whose data they are processing . They must also inform individuals of their right to access their personal data, request rectification of inaccurate data, object to processing of their data and exercise the right to be forgotten .
What Are The Principles of GDPR ?
The GDPR was designed to give individuals more control over their personal data and to simplify the regulatory environment for businesses . The regulation sets out seven principles :
Lawfulness, fairness and transparency : Personal data must be processed lawfully, fairly and in a transparent manner . Purpose limitation : Personal data must be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes . Data minimisation : Personal data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed . Accuracy : Personal data must be accurate and, where necessary, kept up to date . Storage limitation : Personal data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed . Integrity and confidentiality : Personal data must be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures . Accountability : The controller shall be responsible for compliance with the principles .
Individuals have the right to know what personal data is being collected about them, why it is being collected, how it will be used, how long it will be kept and whether it will be shared with any third parties . They also have the right to have inaccurate or incomplete personal data corrected or erased (‘right to erasure’), as well as the right to access and port their data when requested (‘right to data portability’) among other rights .
Organizations must ensure that the data they collect is necessary and relevant and can demonstrate compliance with the GDPR principles . They must also have the legal basis for collecting and processing this data,and must inform individuals of their rights and secure all personal data adequately . Businesses are also required to report any data breaches that may occur as soon as possible in order to comply with GDPR .
For more information about the GDPR and its principles, visit the European Commission website .
What Are The Rights and Obligations under GDPR ?
The General Data Protection Regulation (GDPR) is a new EU data protection law that came into effect on May 25, 2018 . The GDPR replaces the 1995 EU Data Protection Directive . It strengthens EU data protection rules by giving individuals more control over their personal data and establishing new rights for individuals .
GDPR applies to any company that processes the personal data of EU citizens, regardless of where the company is located . Companies that process the personal data of EU citizens must comply with the GDPR unless they can demonstrate that they meet certain conditions .
The GDPR requires companies to get explicit consent from individuals before collecting, using or sharing their personal data . Companies must also provide individuals with clear and concise information about their rights under GDPR and ensure that individuals can easily exercise their rights .
The GDPR imposes significant fines for companies that violate its provisions, including up to 4% of a company’s global annual revenue or €20 million (whichever is greater), whichever is greater .
Under GDPR, companies must :
- Get explicit consent from individuals before collecting, using or sharing their personal data;
- Provide individuals with clear and concise information about their rights under GDPR;
- Ensure that individuals can easily exercise their rights; and
- Comply with the other requirements set forth in GDPR .
Individuals have the right to :
- Access their personal data that a company holds;
- Correct any inaccuracies in their personal data held by a company;
- Have their personal data erased or “forgotten”;
- Restrict how their data is used and object to it being used;
- Request that their personal data be transferred to another controller or processor; and
- Withdraw their consent for use of their personal data .
Individuals also have the right to lodge a complaint with a Supervisory Authority (SA) if they believe that their data has been processed in violation of GDPR .
The GDPR applies to any company that processes the personal data of EU citizens, regardless of where the company is located . All companies must comply with the GDPR unless they can demonstrate that they meet certain conditions . Failing to abide by GDPR carries significant penalties .
What Are The Data Security and Protection Requirements under GDPR ?
Data security and protection is a key concern for any organization that stores or processes personal data . Under the General Data Protection Regulation (GDPR), organizations must take specific measures to protect personal data from unauthorized access, use, disclosure or destruction .
Organizations that fail to adequately protect personal data may be subject to enforcement action by the supervisory authority, including fines of up to 4% of global annual revenue or €20 million (whichever is greater) . In addition, individuals whose personal data has been mishandled by an organization may file a complaint with the supervisory authority or seek damages in court .
To comply with GDPR, organizations must implement technical and organizational measures to ensure a level of security appropriate to the risks posed by their processing activities . These measures should include, but are not limited to :
- Encrypting personal data
- Restricting access to personal data to authorized personnel only
- Regularly backing up data
- Implementing physical and information security controls
- Monitoring systems for possible breaches
- Training staff on data security and protection procedures
Organizations should also consider implementing risk management processes specifically designed to address the risks posed by their processing activities . These processes should take into account the sensitivity of the personal data being processed, the type of processing being undertaken and the potential for harm in the event of a breach .
Organizations must have procedures in place for dealing with incidents of unauthorized access, use, disclosure or destruction of personal data . These procedures should identify the roles and responsibilities of staff in responding to incidents and should provide guidance on how potential risks can be mitigated .
Finally, organizations must ensure that any third-party data processors they use are compliant with the GDPR . They must also have procedures in place for monitoring and enforcing their contracts with those processors .
What Are The Privacy & Consent Requirements for Collecting, Transferring and Processing Personal Data under GDPR ?
The General Data Protection Regulation (GDPR) is a set of regulations that member states of the European Union must implement in order to protect the personal data of individuals within the EU . The regulation is also designed to give individuals greater control over their personal data .
In order to comply with GDPR, organizations that collect, process or transfer personal data must ensure that they have the individual’s consent to do so . They must also provide the individual with clear and concise information about their rights under GDPR, as well as what personal data is being collected and why .
Organizations must also take steps to protect the personal data they collect from accidental or unauthorized access, destruction, alteration or disclosure . They must also ensure that any third-party service providers they use for storage or processing of personal data are GDPR compliant .
Failure to comply with GDPR can result in fines of up to 4% of an organization’s global annual revenue or €20 million (whichever is greater) .
Therefore, organizations must take the necessary steps to ensure compliance with GDPR when collecting, transferring and processing personal data . This includes implementing clear policies and procedures for obtaining consent, providing documentation of any personal data being collected and stored and taking appropriate measures to protect such data .
What Is The Enforcement Mechanism of GDPR ?
The General Data Protection Regulation (GDPR) was designed to give individuals control over their personal data and to create a level playing field for businesses . The regulation is enforced by the European Commission, the national data protection authorities (DPAs) and the supervisory authority (SA) .
The Commission is responsible for ensuring that the GDPR is properly implemented and enforced in all EU member states . The DPAs are responsible for investigating complaints and taking enforcement action against companies that violate the GDPR . The SAs are responsible for supervising companies that process large amounts of personal data .
The GDPR imposes significant fines for companies that violate its provisions, including up to 4% of a company’s global annual revenue or €20 million (whichever is greater), whichever is greater . In addition, the GDPR gives individuals the right to file a complaint with the DPA if they believe their rights have been violated .
The GDPR also provides a range of other enforcement measures, such as requiring a company to cease processing personal data or even to delete the data altogether . In addition, it gives DPAs the right to impose temporary or definitive bans on data processing activities .
The GDPR also introduces a new concept of “data protection by design”, which requires companies to build data protection measures into their products and services right from the start . In this way, companies are encouraged to consider privacy implications in their design process . This has a significant impact on how companies collect and use personal data, as well as how they protect the data they collect .
In addition to the strict penalty regime, the new GDPR also introduces alternative dispute resolution (ADR) procedures . These allow individuals to seek redress for any GDPR violations without having to engage in costly and time-consuming litigation . By providing ADR mechanisms, the GDPR hopes to encourage companies to resolve disputes more efficiently and effectively .
Overall, the GDPR introduces a comprehensive set of enforcement measures that are designed to ensure that companies comply with the requirements of data protection law . It is important for companies to understand their obligations under the GDPR and be aware of any new developments in this area .
What Is The Impact of the Law Beyond EU Borders ?
The General Data Protection Regulation (GDPR) has created quite a stir since it was first introduced . Not only has it had far-reaching effects within the European Union (EU), but its impact is being felt beyond its borders as well . Here, we take a look at how GDPR is affecting businesses and individuals outside of the EU .
For starters, it’s important to note that GDPR applies to any company that processes or intends to process the data of individuals within the EU, regardless of whether the company is based inside or outside of the EU . This means that even if your business is based in Australia, for example, but you have customers or website visitors from Europe, GDPR will still apply to you .
So what does this mean for businesses outside of the EU ? Essentially, it means that if you want to do business with Europeans, you need to be compliant with GDPR . Failure to comply could result in hefty fines – up to 4% of your global annual revenue or €20 million (whichever is greater), whichever is greater – so it’s not something to be taken lightly .
Of course, complying with GDPR can be costly and time-consuming, particularly for small businesses . But many believe that the long-term benefits outweigh the short-term costs . By compliance with GDPR, businesses can show their customers and employees that they take data protection seriously and are committed to maintaining high standards when it comes to handling personal data .
In addition to the obvious benefits of GDPR compliance for businesses, there can also be positives for individuals outside of the EU . For instance, GDPR helps to promote global privacy standards, which protect individuals from having their private information harvested by companies or other entities without their consent . This is especially beneficial for those living in countries that don’t have robust privacy laws . So while GDPR may seem like an overwhelming burden to businesses at first glance, it could serve as a useful model and source of protection for individuals worldwide .
In sum, the GDPR’s impact is being felt far beyond the borders of the EU . Businesses everywhere need to be mindful of the implications of GDPR if they plan to do business with Europeans, while individuals can benefit from its attempts to promote global privacy standards . Ultimately, only time will tell how deep and wide-reaching GDPR’s impact will be .
What Are The Common FAQs about GDPR ?
- What is GDPR ?
The General Data Protection Regulation (GDPR) is a new EU data protection law that came into effect on May 25, 2018 . The GDPR replaces the 1995 EU Data Protection Directive . It strengthens EU data protection rules by giving individuals more control over their personal data and establishing new rights for individuals .
- Who does GDPR apply to ?
GDPR applies to any company that processes the personal data of EU citizens, regardless of where the company is located . This includes companies based outside of the EU that offer goods or services to EU citizens or that collect and process the personal data of EU citizens for other purposes .
- What are the penalties for non-compliance with GDPR ?
Companies that violate GDPR can be subject to fines of up to 4% of their annual global revenue or €20 million (whichever is greater) . Additionally, companies may face suspension of their business activities in the EU and be required to take corrective measures to ensure compliance with GDPR .
- What are the key provisions of GDPR ?
GDPR contains a number of important provisions, including :
- The right to be forgotten :
Individuals have the right to have their personal data erased under certain circumstances .
- The right to data portability :
Individuals have the right to receive their personal data in a structured, commonly used and machine-readable format and have the right to transmit that data to another controller
- Data breach notification :
Companies must notify individuals of any personal data breaches that could cause risk or harm to them .
- Privacy by design :
Companies must take into account the privacy of individuals when designing, developing and implementing products and services .
- Data Protection Officers :
Companies must appoint a Data Protection Officer if they process large amounts of sensitive personal data or monitor individuals on a large scale .
- What steps should companies take to comply with GDPR ?
Companies should assess their data processing activities, update their internal policies and procedures in line with GDPR requirements, provide training for staff on handling personal data, appoint a Data Protection Officer where required, review existing contractual arrangements with customers and vendors and ensure they have the right systems and controls in place to detect and report any personal data breaches .
It is also recommended that companies seek the help of an experienced data protection lawyer to ensure compliance with GDPR .
Conclusion
GDPR is a complex, powerful data-protection law that has had profound implications for how businesses collect and use personal information .
While navigating the new regulations may not be easy, it’s important to understand the basics of GDPR and how your organization can stay compliant with these evolving standards .
By doing so, you can protect your business from costly penalties as well as increase consumer trust across the board .
