The General Data Protection Regulation (GDPR) is a comprehensive data protection and privacy law implemented by the European Union (EU) on May 25, 2018. It was created to establish a unified and robust framework for protecting personal data and privacy within the EU. The GDPR replaced the Data Protection Directive 95/46/EC and applies to all EU member states.
Applicability of GDPR: The GDPR applies to two main categories of entities:
Controllers:A controller is an entity that determines the purposes and
means of processing personal data. This includes any organization
or company, regardless of its location, that processes the personal
data of individuals residing in the EU, as long as the processing
activities are related to offering goods or services to EU residents
or monitoring their behavior.
Processors: A processor is an entity that processes personal data
on behalf of the controller. Processors can be external service
providers or third-party organizations that handle personal data on
behalf of the controller. Processors have specific responsibilities and
obligations under the GDPR and must only process personal data
based on the controller’s instructions.
Content of the GDPR:
The GDPR consists of 99 articles that outline various principles, rights, and obligations related to processing and protecting personal data. Here are some key provisions of the GDPR:
Lawfulness, Fairness, and Transparency:
Personal data must be processed lawfully, fairly, and transparently. Data subjects must be informed about the purpose and legal basis for data processing.
Consent
Organizations must obtain clear and explicit consent from individuals to process their personal data. Consent must be freely given, specific, informed, and easily withdrawable.
Rights of Data Subjects
The GDPR grants individuals several rights, including the right to access their personal data, rectify inaccuracies, erase their data (the “right to be forgotten”), restrict processing, and data portability.
Data Protection Impact Assessments (DPIAs)
Organizations are required to conduct DPIAs for high-risk data processing activities. This involves assessing the potential impact on individuals’ privacy and implementing measures to mitigate risks.
Data Breach Notification
Organizations must notify the relevant supervisory authority without undue delay (within 72 hours) in case of a data breach that risks individuals’ rights and freedoms. Individuals affected by the breach must also be notified if there is a high risk to their rights and freedoms.
Data Protection Officer (DPO)
Some organizations must appoint a Data Protection Officer responsible for ensuring GDPR compliance and acting as a point of contact for data protection issues.
Cross-Border Data Transfers
The GDPR imposes restrictions on transferring personal data outside the EU to countries or organizations that do not provide adequate data protection.
Accountability and Privacy by Design
Organizations must implement appropriate technical and organizational measures to ensure the security of personal data. Privacy by Design principles should be incorporated into developing systems and processes that handle personal data.
Penalties and Fines
The GDPR introduces significant penalties for non-compliance, including fines of up to 4% of global annual turnover or €20 million, whichever is higher.
The GDPR aims to strengthen individuals’ rights, ensure transparency and accountability in data processing, and harmonize data protection laws across the EU. It has profoundly impacted how organizations handle personal data, both within the EU and for entities outside the EU that process the data of EU residents.
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