The General Data Protection Regulation (GDPR) is a regulation in the area of data protection. It replaces the Data Protection Directive 95/46/EC, which was introduced in 1995. The GDPR was adopted on April 14, 2018, and came into force on May 25, 2018 after a two-year transition period. The GDPR regulates the handling of personal data by controllers and processors.
Under the GDPR, all data controllers must appoint a Data Protection Officer (DPO), and implement risk management processes and establish an incident response plan. These are intended to help organizations deal with data breaches, protect the personal data of EU citizens, and adhere to principles of data minimization and data accuracy. GDPR also requires the reporting of data incidents within 72 hours, regardless of the cause.
Under the GDPR, personal data must be:
– Legitimate and necessary for the purposes for which it is being processed.
– Accurately and carefully collected.
– Processed in a transparent, consistent, and fair manner.
– Erased or destroyed where no longer needed and subject to regular monitoring.
Organizations that process personal data must disclose their contact information to the individual or their representative. They must also inform individuals of their right to access their personal data, request rectification of inaccurate data, and exercise the right to be forgotten.
The regulation also provides for certain derogations, such as when data processing is necessary for the performance of a contract or for compliance with a legal obligation. In addition, the GDPR contains specific provisions on national security, public health, and research.
The GDPR applies to any organization that processes the personal data of EU citizens, regardless of whether the organization is based inside or outside the EU.
Data protection impact assessments
A data protection impact assessment (DPIA) is a tool that organizations can use to identify and mitigate the risks associated with the processing of personal data. DPIA’s are required by the GDPR for certain types of processing activities, such as those that involve profiling or monitoring of individuals on a large scale.
DPIA’s help organizations to assess the potential risks to the rights and freedoms of individuals, and to take steps to mitigate those risks. They also help organizations to demonstrate compliance with the GDPR’s risk management requirements.
Biometric data
The GDPR does not specifically mention biometric data, but it requires personal data to be “legitimate and necessary for the purposes for which it is being processed.” The use of biometric data for the purpose of identification would generally be considered necessary for such purposes. However, organizations that process biometric data must take care to ensure that the data is accurate and up-to-date, and that individuals have been adequately informed of the use of their biometric data.
Organizations that process biometric data must also adhere to the GDPR’s principles of data minimization and data accuracy. In addition, they must take steps to ensure that the data is securely stored and processed, and that individuals have the right to access their data and exercise the right to be forgotten.
Data protection law
The GDPR imposes significant fines for organizations that violate its provisions, including up to 4% of global annual revenue or €20 million (whichever is greater), whichever is greater.
Organizations that process the personal data of EU citizens must comply with the GDPR unless they can demonstrate that they meet certain conditions.
The regulation also provides for certain derogations, such as when data processing is necessary for the performance of a contract or for compliance with a legal obligation. In addition, the GDPR contains specific provisions on national security, public health, and research.
Data breach
A data breach is a situation in which personal data is accessed or disclosed without authorization.
Data breaches can occur for a variety of reasons, such as hacking attacks, accidental loss or theft of data, and unauthorized access to data by insiders.
In the event of a data breach, organizations must notify the relevant supervisory authority within 72 hours, unless the breach is unlikely to result in a risk to the rights and freedoms of individuals.
Organizations that fail to comply with the GDPR’s requirements on data protection can be subject to significant fines, including up to 4% of global annual revenue or €20 million (whichever is greater).
Personal data relating
Personal data relating to criminal convictions and offenses
The GDPR requires personal data to be “legitimate and necessary for the purposes for which it is being processed.” The processing of personal data relating to criminal convictions and offenses would generally be considered necessary for such purposes. However, organizations that process this type of data must take care to ensure that the data is accurate and up-to-date, and that individuals have been adequately informed of the use of their personal data.
Organizations that process personal data relating to criminal convictions and offenses must also adhere to the GDPR’s principles of data minimization and data accuracy. In addition, they must take steps to ensure that the data is securely stored and processed, and that individuals have the right to access their data and exercise the right to be forgotten.
Data protection laws
The GDPR imposes significant fines for organizations that violate its provisions, including up to 4% of global annual revenue or €20 million (whichever is greater), whichever is greater.
Organizations that process the personal data of EU citizens must comply with the GDPR unless they can demonstrate that they meet certain conditions.