What is General Data Protection Regulation (GDPR)?
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The General Data Protection Regulation (GDPR) is a comprehensive data protection and privacy regulation enacted by the European Union (EU). It came into effect on May 25, 2018, and was designed to harmonize data protection laws across EU member states and enhance the protection of individual’s personal data and privacy.
Key features and principles of the GDPR include:
1. Enhanced Rights for Individuals: GDPR grants individuals greater control over their personal data. It provides them with rights such as the right to access their data, rectify inaccuracies, erase data (right to be forgotten), restrict processing, object to processing, and data portability.
2. Lawful and Transparent Data Processing: Organizations are required to process personal data based on lawful grounds and with transparency. Individuals must be informed about how their data will be used, and processing must have a clear legal basis.
3. Consent: Organizations must obtain explicit and informed consent from individuals before processing their personal data. Consent should be specific, freely given, and easily withdrawable.
4. Data Protection Officer (DPO): Some organizations are required to appoint a Data Protection Officer who oversees GDPR compliance and serves as a point of contact for data protection matters.
5. Data Breach Notification: Organizations must notify relevant authorities and affected individuals about data breaches that pose a risk to individuals' rights and freedoms.
6. Data Transfer: Transfers of personal data to countries outside the EU are subject to strict requirements to ensure that the same level of data protection is maintained.
7. Accountability and Documentation: Organizations are responsible for demonstrating their compliance with GDPR. This includes maintaining records of data processing activities and conducting Data Protection Impact Assessments (DPIAs) for high-risk processing.
8. Privacy by Design and Default: Organizations must integrate data protection measures into their processes, products, and services from the outset (privacy by design) and ensure that only necessary personal data is processed (privacy by default).
9. Penalties and Fines: Non-compliance with GDPR can result in substantial fines. Organizations may be fined up to a certain percentage of their annual global turnover or a fixed amount, depending on the nature and severity of the violation.
GDPR applies not only to organizations located within the EU but also to organizations outside the EU that offer goods or services to EU residents or monitor their behaviour. The regulation aims to strengthen individuals' rights, enhance data protection practices, and create a more unified and robust framework for data protection and privacy across the EU.
