The General Data Protection Regulation (GDPR) is a
comprehensive framework designed to protect the personal data of citizens
residing in the European Union (EU) member states. The regulation aims to
empower individuals by granting them control over their personal information
and imposing strict requirements on organizations that handle such data.
Under the GDPR, companies must demonstrate that they have a
lawful basis for collecting, processing, and storing personal data, and must
clearly communicate the purposes for which the data will be used. The
regulation also requires companies to obtain explicit consent from individuals
before collecting, processing, or storing their data, and to delete the data
once it is no longer needed.
In addition to these data protection obligations, the GDPR also establishes several rights for individuals, including the right to access their data, the right to request the deletion of their data, and the right to rectify inaccuracies in their data. Organizations must be able to demonstrate their compliance with the GDPR, and non-compliance can result in significant financial penalties.
Primary Criterias for GDPR Compliance Obligation
The General Data Protection Regulation (GDPR) lays out
several primary criteria for organizations to meet in order to comply with
their obligations under the regulation. These include:
- Lawful basis for processing: Organizations must have a
lawful basis for collecting, processing, and storing personal data, such as
consent from the individual, a contractual obligation, or a legitimate
interest.
- Purpose limitation: Companies must clearly state the purpose
for which they will handle personal data and limit their use of the
data to only what is necessary to achieve that purpose.
- Data minimization: Organizations must only collect, process,
and store the minimum amount of personal data necessary to meet their stated
purpose.
- Accuracy: Companies must ensure that the personal data they
collect and process is accurate and up-to-date, and must take appropriate
measures to rectify any inaccuracies.
- Storage limitation: Companies must only retain personal data
for as long as is necessary to meet their stated purpose, after which it must
be deleted or otherwise disposed of.
- Data security: Organizations must implement appropriate
technical and organizational measures to protect the personal data they collect
and process from unauthorized access, misuse, and theft.
- Data breaches: Companies must have procedures in place to
detect, report, and respond to data breaches, and must inform individuals whose
personal data has been affected by a breach.
- Data protection impact assessments (DPIAs): Organizations
must carry out DPIAs to identify and assess the privacy risks posed by their
processing activities, and must take appropriate measures to mitigate theserisks.
- Appointing a Data Protection Officer (DPO): Some organizations may be required to appoint a DPO to advise on compliance with the GDPR and serve as a point of contact for data protection issues.
These are some of the primary criteria that organizations must meet in order to comply with the obligations set out in the GDPR.
GDPR Requirements
There are GDPR requirements that apply to every member state
of the European Union, which aims to provide more consistent protection of
consumer and personal data among EU countries. Some of GDPR's main privacy and
data protection requirements are:
- Explain data processing using clear and plain language: The
GDPR requires that the manner in which data is processed is explained using
language that is clear and easy to understand, so that data subjects are aware
of how their data is being used.
- Allow data owners to request access to information about
data processing activities: Data owners have the right to access information
about the data processing activities carried out by data controllers. This
includes the types of data being processed, the purposes of processing, and the
recipients of the data.
- Respond to data owners' requests to delete information: Data
owners have the right to have their personal data deleted in certain
circumstances. Data controllers are required to respond to such requests and
delete the data, unless there is a lawful reason for retaining it.
- Obtain data subjects' consent for data processing: Data
processing can only occur if the data subject has given their consent for the
processing to take place. This consent must be informed and specific, and data
subjects must be able to withdraw their consent at any time.
- Anonymize collected data to protect privacy: To protect
privacy, data controllers may anonymize data that they have collected, so that
it can no longer be linked to a specific individual. This makes it possible to
use the data for certain purposes, while still preserving privacy.
- Securely transfer data beyond borders: When transferringpersonal data outside of the European Union, data controllers must ensure that
the data is transferred in a secure manner, and that the recipient country
provides an adequate level of protection for personal data.
- Appoint a Data Protection Officer for GDPR compliance (for
certain companies): Certain companies, based on the type of data they process
and the size of their operations, may be required to appoint a Data Protection
Officer
Steps to Ensure GDPR Compliance
- Awareness: Ensure that all employees are aware of GDPR
regulations and their responsibilities.
- Data Inventory: Create a comprehensive inventory of all the
personal data you process, including the purpose of processing and who has
access to it.
- Data protection impact assessments: Conduct risk assessments
to identify potential risks to individuals’ rights and freedoms.
- Privacy policies: Update your privacy policies to reflect
GDPR requirements and make them easily accessible to data subjects.
- Obtain explicit consent: Ensure that consent for data
processing is obtained explicitly from data subjects.
- Data breach response plan: Create a data breach response
plan and ensure that all employees are aware of it.
- Data protection by design and default: Adopt
privacy-by-design principles and ensure that privacy is integrated into all
processing activities from the outset.
- Appoint a Data Protection Officer (DPO): Appoint a DPO if
required and ensure that they have the necessary resources to carry out their
role.
- International data transfers: Put in place appropriate safeguards for transferring personal data outside the EEA.lar review: Regularly review and update your GDPR compliance measures to ensure they remain effective.
