GDPR is a comprehensive data protection and privacy regulation that was enacted by the European Union (EU) in 2018. GDPR was designed to harmonize data protection laws across EU member states, strengthen data privacy rights for individuals, and address challenges posed by the digital age and global data flows. Here are the key aspects of GDPR:
- Scope: GDPR applies to any organization, regardless of its location, that processes the personal data of individuals residing in the EU. This extraterritorial scope means that even non-EU organizations must comply if they handle EU citizens’ data.
- Data subject rights: GDPR grants individuals several rights over their personal data, including the right to access their data, request corrections, object to processing, request deletion (the “right to be forgotten”), and data portability.
- Consent: Organizations must obtain clear and explicit consent from individuals before processing their personal data. Consent forms must be easy to understand and separate from other terms and conditions.
- Data protection impact assessments (DPIAs): Organizations must conduct DPIAs for high-risk data processing activities. A DPIA helps assess the potential impact of data processing on individuals’ privacy and identify mitigation measures.
- Data protection officers (DPOs): Some organizations are required to appoint a DPO, especially if they process large amounts of personal data or engage in high-risk data activities.
- Data breach notification: Organizations are required to notify the pertinent data protection authority (DPA) of data breaches within a 72-hour timeframe from the moment they become aware of the breach. Data subjects must also be notified if the breach poses a risk to their rights and freedoms.
- Accountability and governance: GDPR places a strong emphasis on accountability. Organizations must implement appropriate data protection policies, procedures, and documentation. They are also required to demonstrate compliance with GDPR.
- Cross-border data transfers: Data transfers to countries outside the EU are allowed only if the destination country provides an “adequate level of data protection.” Standard contractual clauses (SCCs) and binding corporate rules (BCRs) are mechanisms for ensuring lawful data transfers.
- Penalties: GDPR introduces severe penalties for non-compliance. Organizations can face fines of up to €20 million or 4% of their global annual revenue, whichever is higher.
- Privacy by design and default: GDPR promotes the integration of data protection measures into the design and operation of systems, applications, and services. Organizations must implement privacy-enhancing technologies by default.
- Data portability: Individuals have the right to receive their personal data from organizations in a structured, commonly used, and machine-readable format, enabling them to transfer it to other service providers (SPs).
