GDPR

The General Data Protection Regulation (GDPR) is a comprehensive data protection law enacted by the European Union (EU) to safeguard personal data and ensure privacy for individuals within the EU and the European Economic Area (EEA). It applies to organizations worldwide if they handle the personal data of EU/EEA residents. Here's a summary of its key elements:

1. Scope and Applicability

• Applies to organizations located in the EU and those outside the EU that offer goods or services to, or monitor the behavior of, individuals in the EU.
• Covers all personal data that can identify an individual, such as names, email addresses, IP addresses, and more sensitive categories like health data.

2. Key Principles

GDPR enforces strict principles for handling personal data:

1. Lawfulness, fairness, and transparency: Data must be processed in a lawful and fair manner, with transparency about its use.
2. Purpose limitation: Data must be collected for specified, explicit purposes.
3. Data minimization: Only data necessary for the intended purpose should be collected.
4. Accuracy: Data must be accurate and kept up-to-date.
5. Storage limitation: Data should not be retained longer than necessary.
6. Integrity and confidentiality: Data must be secured against unauthorized access and breaches.
7. Accountability: Organizations must demonstrate compliance with GDPR principles.

3. Individual Rights

GDPR grants individuals several rights over their data:

1. Right to access: Individuals can request access to their personal data and information on how it is processed.
2. Right to rectification: Individuals can correct inaccurate or incomplete data.
3. Right to erasure ("right to be forgotten"): Individuals can request deletion of their data under certain circumstances.
4. Right to restrict processing: Individuals can limit the use of their data.
5. Right to data portability: Individuals can request their data in a portable format.
6. Right to object: Individuals can object to processing based on legitimate interests or for direct marketing.
7. Rights related to automated decision-making: Individuals have protections against decisions made solely by automated means.

4. Consent

• Organizations must obtain clear and explicit consent to process personal data, except in cases where other legal bases apply.
• Consent must be easily withdrawable.

5. Data Breaches

• Organizations must report data breaches to the relevant supervisory authority within 72 hours of becoming aware, unless the breach is unlikely to result in harm to individuals.
• If the breach poses a high risk to individuals, the affected people must also be notified.

6. Data Protection Officer (DPO)

• Certain organizations must appoint a Data Protection Officer, particularly those involved in large-scale processing of sensitive data or monitoring individuals.

7. International Data Transfers

• Transfers of personal data outside the EU/EEA are restricted unless the recipient country ensures an adequate level of data protection or appropriate safeguards (e.g., Standard Contractual Clauses, Binding Corporate Rules) are in place.

8. Accountability and Documentation

• Organizations must maintain records of processing activities and demonstrate compliance with GDPR (e.g., conducting impact assessments, documenting data handling practices).