What is the GDPR?

The GDPR is a comprehensive data protection law that applies to all EU member states and regulates the processing of personal data. It came into effect on May 25, 2018.

Here are some key aspects of the GDPR:

1. Scope:

The GDPR applies to the processing of personal data of individuals within the EU, regardless of whether the processing occurs within the EU or outside its borders. It also applies to organizations outside the EU that offer goods or services to EU residents or monitor their behavior.

2. Lawful Basis for Processing:

Organizations must have a lawful basis for processing personal data, such as the consent of the data subject, contractual necessity, compliance with legal obligations, protection of vital interests, performance of a task carried out in the public interest, or legitimate interests pursued by the data controller or a third party.

3. Data Subject Rights:

The GDPR grants individuals several rights, including the right to access their personal data, the right to rectify inaccurate data, the right to erasure (also known as the “right to be forgotten”), the right to restrict processing, the right to data portability, and the right to object to certain types of processing.

4. Data Protection Officer (DPO):

Some organizations are required to appoint a Data Protection Officer who is responsible for overseeing data protection activities within the organization.

5. Data Breach Notification:

Organizations must notify the relevant supervisory authority without undue delay, and where feasible, within 72 hours of becoming aware of a personal data breach that is likely to result in a risk to the rights and freedoms of individuals. Data subjects must also be informed if the breach is likely to result in high risks to their rights and freedoms.

6. Data Transfers:

The GDPR imposes restrictions on the transfer of personal data to countries outside the EU that do not provide an adequate level of data protection. These transfers may be allowed under specific safeguards, such as Standard Contractual Clauses (SCCs), Binding Corporate Rules (BCRs), or approved certification mechanisms.

7. Accountability and Compliance:

The GDPR emphasizes accountability and requires organizations to implement appropriate technical and organizational measures to ensure data protection. It also introduces the concept of “Privacy by Design and by Default,” meaning that data protection should be considered from the outset of any new processing activities.

It’s worth noting that the GDPR is supplemented by individual EU member state laws, which may introduce additional requirements or specifications. However, the key principles and requirements outlined above are applicable across the EU.