What is GDPR?

Introduction

The General Data Protection Regulation (GDPR) is a comprehensive data protection and privacy regulation that was implemented by the European Union (EU) in May 2018. Its primary objective is to enhance and unify data protection for individuals within the EU and regulate the export of personal data outside the EU. GDPR compliance is crucial for businesses that handle the personal data of EU citizens, regardless of where the businesses are located.

Key Principles of GDPR

1. Lawful, Fair, and Transparent Processing:
   • Organizations must process personal data lawfully, fairly, and transparently.
   • Data subjects (individuals) should be informed about the processing of their data.
2. Purpose Limitation:
   • Data should be collected for specified, explicit, and legitimate purposes.
   • It should not be processed in a manner incompatible with those purposes.
3. Data Minimization:
   • Organizations should only collect and process data that is necessary for the intended purpose.
   • Excessive data collection is discouraged.
4. Accuracy:
   • Personal data should be accurate, and steps should be taken to ensure its timely correction.
5. Storage Limitation:
   • Data should be kept in a form that permits no longer than necessary identification.
6. Integrity and Confidentiality:
   • Organizations are responsible for ensuring the security and confidentiality of the processed data.
7. Accountability:
   • Organizations must demonstrate compliance with GDPR principles and be able to show evidence of such compliance.

Rights of Data Subjects

GDPR grants several rights to individuals regarding their personal data:

1. Right to Access:
   • Individuals have the right to obtain confirmation that their data is being processed and access to that data.
2. Right to Rectification:
   • Data subjects can request the correction of inaccurate or incomplete personal data.
3. Right to Erasure (Right to be Forgotten):
   • Individuals can request the deletion of their personal data under certain conditions.
4. Right to Restriction of Processing:
   • Data subjects can limit the processing of their data in certain situations.
5. Right to Data Portability:
   • Individuals can receive their personal data in a structured, commonly used, and machine-readable format.

GDPR Compliance for Businesses

1. Data Mapping and Inventory:
   • Businesses must identify and document the personal data they process.
2. Data Protection Impact Assessments (DPIA):
   • Conducting DPIAs is necessary to assess and mitigate data processing risks.
3. Data Protection Officer (DPO):
   • Appointing a DPO is mandatory for some organizations, particularly those processing large amounts of sensitive data.
4. Consent Management:
   • Obtaining clear and unambiguous consent from individuals before processing their data is essential.
5. Data Breach Notification:
   • Organizations must report data breaches to the relevant supervisory authority and, in certain cases, to affected individuals.
6. International Data Transfers:
   • Adequate safeguards must be in place when transferring personal data outside the EU.

Penalties for Non-Compliance

GDPR stipulates substantial fines for organizations found in violation. Fines can range from 2% to 4% of a company’s global annual revenue, depending on the severity of the breach.

Conclusion

GDPR compliance is not just a legal requirement but a commitment to respecting individuals’ privacy and ensuring the secure and transparent handling of their personal data. Businesses must adopt a proactive approach to data protection, integrating GDPR principles into their operations to build customer trust and avoid legal consequences.