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What is GDPR?
GDPR stands for General Data Protection Regulation. It is a comprehensive data protection and privacy regulation implemented by the European Union (EU)
GDPR stands for General Data Protection Regulation. It is a comprehensive data protection and privacy regulation implemented by the European Union (EU) on May 25, 2018. The GDPR was designed to strengthen and unify data protection laws within the EU member states and to provide individuals with greater control over their personal data.
Key principles of GDPR include:
- Non-compliance with GDPR can lead to significant fines, depending on the severity of the violation. The fines can be up to 4% of the organisation's global annual revenue or €20 million, whichever is higher.
It's important to note that GDPR not only applies to organisations within the EU but also to any organisation outside the EU that processes the personal data of EU residents. As a result, GDPR has a global impact on businesses and how they handle personal data.
Who does GDPR apply to?
GDPR (General Data Protection Regulation) applies to two main categories of entities:
- A data processor is an entity that processes personal data on behalf of the data controller. Data processors could be IT service providers, cloud hosting companies, payment processors, or any third-party that handles personal data as instructed by the data controller.
Both data controllers and data processors are subject to the provisions of the GDPR, but they have different responsibilities.
- Data controllers are responsible for ensuring that personal data is processed lawfully, fairly, and transparently.
- They must obtain valid consent from individuals for processing their personal data.
- Data controllers must provide individuals with information about how their data is used and their data subject rights.
- They are required to implement appropriate security measures to protect personal data.
- Data controllers are obligated to report data breaches to the relevant authorities and affected individuals.
- Data processors must process personal data only as instructed by the data controller.
- They have an obligation to implement appropriate security measures to protect the data they process.
- Data processors must assist data controllers in meeting their GDPR obligations, such as providing information for data protection impact assessments and cooperating in case of data breaches.
- They are not allowed to engage sub-processors without the prior consent of the data controller.
It's worth noting that GDPR applies not only to entities located within the EU but also to organisations outside the EU that offer goods or services to EU residents or monitor the behaviour of individuals within the EU. This extraterritorial scope ensures that GDPR has a broad reach and affects companies worldwide that process personal data of EU residents.
What are GDPR’s Key Principals?
GDPR (General Data Protection Regulation) is built upon several key principles that organisations must adhere to when processing personal data of individuals within the European Union. These principles are designed to ensure the protection of individuals' privacy and give them greater control over their personal data. The key principles of GDPR include:
- GDPR grants individuals several rights regarding their personal data, including the right to access their data, the right to rectify incorrect data, the right to erasure (right to be forgotten), the right to data portability, the right to restrict processing, and the right to object to certain types of processing.
By adhering to these key principles, organisations can ensure that they handle personal data in a privacy-focused and compliant manner under the GDPR framework.
What are my GDPR rights?
As an individual residing in the European Union, you have several rights under the General Data Protection Regulation (GDPR) that empower you to have greater control over your personal data. These rights are designed to protect your privacy and ensure that organisations handle your data responsibly. Your GDPR rights include:
- If you believe that an organisation is not complying with GDPR, you have the right to lodge a complaint with the relevant data protection authority in your country.
It's essential to note that the exercise of these rights is generally free of charge. Organisations must respond to your requests without undue delay and within one month, though this period may be extended in complex cases.
GDPR breaches and fines
Under the General Data Protection Regulation (GDPR), breaches of data protection can lead to significant fines, which are designed to ensure that organisations take data privacy seriously and comply with the regulation. The severity of the fines depends on the nature of the breach and the extent to which the organisation has violated GDPR principles. There are two tiers of fines that can be imposed:
- For more serious infringements, organisations can be fined up to €20 million or 4% of their global annual turnover, whichever is higher. Upper tier fines may be imposed for more severe violations, such as not obtaining proper consent for data processing, violating the core principles of data processing (lawfulness, fairness, transparency, etc.), or failing to respect individuals' rights regarding their data.
It's important to note that the supervisory authorities responsible for enforcing GDPR have the discretion to determine the specific amount of the fine, considering factors such as the nature, gravity, and duration of the violation, the number of individuals affected, and the measures taken by the organisation to mitigate the damage.
In addition to fines, supervisory authorities have various corrective powers at their disposal to ensure compliance with GDPR. These powers include issuing warnings, ordering organisations to rectify violations, imposing temporary or definitive bans on data processing, and suspending data flows to countries outside the EU.
The actual application of fines and penalties will depend on the specific circumstances of each case. Organisations are encouraged to take GDPR compliance seriously and implement robust data protection measures to avoid breaches and potential fines.
How can organisations stay on top of GDPR?
Staying on top of GDPR compliance is essential for organisations that process personal data of individuals within the European Union. By taking proactive measures and establishing a culture of data protection, organisations can ensure they meet the requirements of GDPR. Here are some key steps they can take to stay compliant:
- Keep abreast of any changes or updates to data protection laws and regulations that may impact GDPR compliance.