General Data Protection Regulation (GDPR)

Introduction

The General Data Protection Regulation (GDPR) is a legal framework that sets guidelines for the collection and processing of personal data of individuals within the European Union (EU). Enforced since May 25, 2018, GDPR aims to protect the privacy of EU citizens and to harmonize data privacy laws across Europe.

Key Principles

GDPR is built on several key principles that organizations must adhere to:

Lawfulness, Fairness, and Transparency: Personal data must be processed lawfully, fairly, and in a transparent manner.
Purpose Limitation: Data should be collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
Data Minimization: Data collection should be 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: Data should be kept in a form that permits identification of data subjects for no longer than necessary.
Integrity and Confidentiality: Personal data must be processed in a manner that ensures appropriate security.
Accountability: The data controller is responsible for, and must be able to demonstrate, compliance with the GDPR.

Rights of Data Subjects

GDPR provides the following rights to individuals regarding their personal data:

Right to Access: Individuals have the right to access their personal data and obtain information about how it is being processed.
Right to Rectification: Individuals can request the correction of inaccurate personal data.
Right to Erasure ("Right to be Forgotten"): Individuals can request the deletion of their personal data under certain conditions.
Right to Restrict Processing: Individuals can request the restriction of processing their personal data in certain circumstances.
Right to Data Portability: Individuals can receive their personal data in a structured, commonly used, and machine-readable format, and have the right to transmit it to another controller.
Right to Object: Individuals can object to the processing of their personal data for direct marketing purposes or for other legitimate interests.
Rights in Relation to Automated Decision-Making and Profiling: Individuals have the right not to be subject to decisions based solely on automated processing, including profiling.

Obligations of Data Controllers and Processors

Organizations that handle personal data have specific obligations under GDPR:

Data Protection by Design and by Default: Data protection measures must be integrated into processing activities and business practices from the outset.
Data Protection Officer (DPO): Organizations may need to appoint a DPO to oversee data protection strategies and compliance.
Data Breach Notifications: Organizations must notify the relevant supervisory authority of a data breach within 72 hours of becoming aware of it.
Data Processing Agreements: Controllers and processors must have agreements in place to govern the processing of personal data.

Fines and Penalties

Non-compliance with GDPR can result in severe penalties, including fines of up to 20 million euros or 4% of the organization's global annual turnover, whichever is higher.

Conclusion

GDPR is a significant step towards ensuring the privacy and protection of personal data in the digital age. Organizations must take proactive steps to comply with GDPR's requirements to avoid penalties and to foster trust with their customers and users.