The General Data Protection Regulation (GDPR) is a comprehensive data protection and privacy regulation that became enforceable in the European Union (EU) on May 25, 2018. It is designed to strengthen and unify data protection laws across the EU member states. Here are some key points about GDPR:
1. Scope:
– GDPR applies to all EU member states and regulates the processing of personal data of EU residents.
– It also has extraterritorial applicability, meaning that companies outside the EU must comply if they process the personal data of EU residents.
2. Personal Data Definition:
– GDPR defines personal data broadly to include any information relating to an identified or identifiable natural person.
3. Data Subjects’ Rights:
– GDPR grants individuals (data subjects) a set of rights, including the right to access, rectification, erasure (right to be forgotten), data portability, and the right to object to processing.
4. Lawful Processing:
– Data processing must be based on one of the lawful bases, such as consent, contract performance, legal obligation, vital interests, public task, or legitimate interests pursued by the data controller or a third party.
5. Data Controllers and Processors:
– GDPR distinguishes between data controllers (entities that determine the purposes and means of processing) and data processors (entities that process data on behalf of the controller). Both have specific obligations under the regulation.
6. Data Protection Impact Assessments (DPIAs):
– DPIAs are required for processing operations that are likely to result in high risks to individuals’ rights and freedoms.
7. Data Breach Notification:
– Organizations are required to notify relevant supervisory authorities and data subjects of a data breach within 72 hours of becoming aware of it, unless the breach is unlikely to result in a risk to the rights and freedoms of individuals.
8. Privacy by Design and by Default:
– GDPR promotes the integration of data protection considerations into the design and operation of systems, products, and services from the outset.
9. Data Protection Officers (DPOs):
– Certain organizations are required to appoint a Data Protection Officer to oversee compliance with the regulation, particularly those involved in large-scale processing or processing sensitive data.
10. International Data Transfers:
– GDPR places restrictions on the transfer of personal data outside the EU to countries that do not provide an adequate level of data protection. Adequacy decisions, standard contractual clauses, and binding corporate rules are among the mechanisms to facilitate such transfers.
11. Fines and Penalties:
– GDPR provides for significant fines for non-compliance, with penalties of up to €20 million or 4% of the global annual turnover, whichever is higher.
12. Consent Requirements:
– Consent must be freely given, specific, informed, and unambiguous. It should be as easy to withdraw consent as it is to give it.
13. Special Categories of Data:
– Special categories of data, such as health data or racial/ethnic origin, have additional protections, and their processing is subject to stricter conditions.
Organizations that process personal data are expected to be fully compliant with GDPR to ensure the privacy and protection of individuals’ data. The regulation has had a significant impact globally, influencing data protection practices and legislation beyond the EU.