GDPR

The General Data Protection Regulation (GDPR) is a comprehensive data protection law enacted by the European Union (EU) to enhance individuals' rights concerning their personal data and to standardize data protection regulations across member states. GDPR was adopted on April 27, 2016, and became enforceable on May 25, 2018. It replaces the 1995 Data Protection Directive and applies to all organizations that process the personal data of individuals within the EU and the European Economic Area (EEA), regardless of where the organization is based.

Scope and Applicability
GDPR applies to all entities, including businesses, public authorities, and non-profit organizations, that process personal data of EU citizens. It also extends to organizations outside the EU that offer goods or services to, or monitor the behavior of, individuals within the EU. The regulation seeks to ensure that personal data is collected, processed, stored, and disposed of responsibly and securely.

Core Principles of GDPR
GDPR is founded on the following key principles, which serve as the foundation for compliance:

  1. Lawfulness, Fairness, and Transparency – Personal data must be processed legally, fairly, and in a transparent manner to the data subject.

  2. Purpose Limitation – Data must be collected for specified, explicit, and legitimate purposes and not further processed in a manner incompatible with those purposes.

  3. Data Minimization – Data collection must be adequate, relevant, and limited to what is necessary for the intended purposes.

  4. Accuracy – Organizations must take reasonable steps to ensure that personal data is accurate and kept up to date.

  5. Storage Limitation – Personal data must be retained only for as long as necessary for the intended purposes.

  6. Integrity and Confidentiality (Security) – Personal data must be processed securely, ensuring protection against unauthorized or unlawful processing and accidental loss, destruction, or damage.

  7. Accountability – Organizations must demonstrate compliance with GDPR and be able to provide evidence of their data protection measures.

Rights of Individuals under GDPR
GDPR grants individuals a series of rights designed to give them greater control over their personal data:

  1. Right to Access – Individuals have the right to request access to their personal data and obtain information about how it is processed.

  2. Right to Rectification – Individuals can request 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 – Individuals can request that the processing of their data be restricted in specific circumstances.

  5. Right to Data Portability – Individuals have the right to receive their personal data in a structured, commonly used format and transfer it to another controller.

  6. Right to Object – Individuals can object to the processing of their personal data, including for direct marketing purposes.

  7. Rights Related to Automated Decision-Making and Profiling – Individuals have the right to be free from automated decision-making processes that produce legal or similarly significant effects.

Obligations for Organizations
Organizations subject to GDPR must comply with several obligations to ensure data protection:

  • Consent Requirements – Organizations must obtain clear and explicit consent from individuals before collecting and processing their personal data.

  • Data Protection by Design and by Default – Organizations must integrate data protection measures into their systems and processes.

  • Data Protection Impact Assessments (DPIAs) – Organizations must conduct DPIAs for high-risk data processing activities.

  • Data Breach Notification – Organizations must report data breaches to the relevant supervisory authority within 72 hours of discovery and, in some cases, notify affected individuals.

  • Appointment of Data Protection Officers (DPOs) – Certain organizations are required to designate a DPO to oversee GDPR compliance.

Penalties and Enforcement
Non-compliance with GDPR can result in severe penalties. Supervisory authorities have the power to issue fines of up to €20 million or 4% of the organization’s global annual turnover, whichever is higher. Lesser infringements may incur fines of up to €10 million or 2% of global turnover. These penalties emphasize the importance of GDPR compliance for all organizations handling personal data.

GDPR represents a significant step toward strengthening data protection and ensuring transparency in data processing activities. It establishes a robust framework to safeguard personal data, enhance accountability, and empower individuals with greater control over their information. Organizations must take proactive measures to align their data handling practices with GDPR requirements to avoid legal repercussions and build trust with customers and stakeholders.