Basics of GDPR (European General Data Protection Regulation) and specific practical measures

Understanding GDPR

The General Data Protection Regulation (GDPR) is a vital piece of legislation in the European Union (EU) that revolutionized data protection and privacy for individuals within the EU and the European Economic Area (EEA).
It noticeably changed how businesses collect, handle, and process personal data, demanding greater accountability and transparency.

GDPR was implemented to give individuals more control over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU.
As firms continue to seek compliance, understanding the basics of GDPR and its implications becomes increasingly crucial.

What is GDPR?

The GDPR is a regulation in EU law aimed at protecting personal data and privacy.
It applies not only to organizations within the EU but also to those outside of it that offer goods or services to individuals in the EU or that monitor their behavior within the EU.
The law addresses the export of personal data outside the EU and EEA, enhancing data protection standards globally.

GDPR replaced the earlier Data Protection Directive 95/46/EC, with its enforcement beginning on May 25, 2018.
Its purpose is to empower individuals with control over their personal information while streamlining regulatory compliance across member states.

Key Principles of GDPR

Several foundational principles underpin GDPR compliance:

1. Lawfulness, Fairness, and Transparency

Data processing should be lawful, fair, and transparent.
Organizations must have a legitimate basis for processing data and must be clear about why they are collecting personal data and how they intend to use it.

2. Purpose Limitation

Personal data should be collected for specified, explicit, and legitimate purposes.
It should not be further processed in a way that is incompatible with these initial purposes.

3. Data Minimization

Data collection should be limited to what is necessary for the purposes for which they are processed.
This principle encourages the minimization of data requests and prohibits excessive data accumulation.

4. Accuracy

Organizations are required to ensure that personal data is accurate and, where necessary, kept up to date.
Inaccurate data should be corrected or erased without delay.

5. Storage Limitation

Personal data should be retained only for as long as necessary to fulfill the purposes for which it was collected.
This principle advocates for regular review and deletion of old or unnecessary data.

6. Integrity and Confidentiality

Data should be processed in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

Understanding Personal Data

Personal data under GDPR is any information relating to an identified or identifiable person.
It can include names, identification numbers, location data, online identifiers, or factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that person.

GDPR offers special protection for sensitive personal data, which includes information about racial or ethnic origin, political opinions, religious beliefs, trade union memberships, genetic data, biometric data, data concerning health, or data concerning a person’s sex life or sexual orientation.

Consent as a Basis for Data Processing

One of the primary grounds for processing personal data is obtaining the explicit consent of the individual.
Under GDPR, consent must be clear, freely given, specific, informed, and unambiguous.
It should involve a clear affirmative action indicating agreement to the processing of personal data.

Individuals also have the right to withdraw consent at any time, and doing so should be made as simple as giving consent.
Organizations must also ensure that consent requests are separate from other terms and conditions.

Data Subject Rights

GDPR extends several rights to data subjects, offering them enhanced 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 their data is being used.

2. Right to Rectification

The right to request correction of inaccurate or incomplete data is also provided under GDPR.

3. Right to Erasure

Also known as the “right to be forgotten,” individuals can request the deletion or removal of personal data when there is no compelling reason for its continued processing.

4. Right to Restrict Processing

Individuals can request the restriction of processing of their data under certain circumstances, effectively limiting its use.

5. Right to Data Portability

This right allows individuals to obtain and reuse their personal data across different services in a structured, commonly used, and machine-readable format.

6. Right to Object

Individuals have the right to object to the processing of their data for purposes of direct marketing, scientific or historical research, or statistics, unless there are compelling legitimate grounds for further processing.

Practical Measures for GDPR Compliance

For organizations to comply with GDPR, implementing certain practical measures is crucial:

Data Protection Officers (DPO)

Appointing a DPO is mandatory for public authorities and organizations that carry out large-scale systematic monitoring or processing of sensitive data.
The DPO should lead data protection compliance efforts and serve as a contact point for supervisory authorities.

Conduct Data Protection Impact Assessments (DPIAs)

Conducting DPIAs is essential for assessing and mitigating risks related to data processing activities.
These assessments help identify potential privacy impacts and design measures to address them.

Implement Data Protection by Design and by Default

Integrating data protection into processing activities and business practices from the onset is required.
This principle ensures that data privacy is a core component of the system architecture.

Ensure Breach Notification Procedures

Organizations must establish a procedure to detect, report, and investigate personal data breaches.
Notifying the relevant supervisory authority of a data breach within 72 hours is mandatory unless it is unlikely to result in risk to individuals.

Conclusion

Understanding the basics of GDPR is critical for any organization dealing with personal data, especially those operating across the EU.
Its principles and requirements demand significant changes in how data is processed, stored, and protected.
By taking practical measures and ensuring compliance, organizations can gain the trust of their clients while safeguarding personal information effectively.
As GDPR sets high standards for data protection, it offers an opportunity for businesses to lead the way in responsible and transparent data management.