GDPR: everything you need to know about the General Data Protection Regulation

What is GDPR?

What is the GDPR? It's a European Union (EU) regulation. Its objective is twofold. First, to protect the personal data of European citizens. Second, to guarantee their confidentiality. All organizations that process this data are affected, regardless of where they are based, in Europe or elsewhere. The GDPR applies to any data that can identify an individual. Names, emails, photos, IP addresses—everything is affected.

The fundamental principles of the GDPR

The GDPR is based on seven principles. They are fundamental. Organizations must respect them when processing personal data. These principles are:

• Lawfulness, fairness and transparency: Data must be processed in a lawful, fair and transparent manner for the individuals concerned.
• Purpose limitation: Data should only be collected for specific, explicit and legitimate purposes.
• Data minimization: According to the GDPR, the data collected must be adequate, relevant and limited to what is necessary for the purposes for which they are processed.
• Accuracy: Data must be accurate and, where necessary, updated.
• Limitation of retention: Data must not be kept longer than necessary for the purposes for which it is processed.
• Integrity and confidentiality: Data must be processed in a manner that ensures its security, including against unauthorized access and unlawful disclosure.
• Accountability: Organizations must be able to demonstrate their compliance with the principles of the GDPR.

The rights of individuals

The GDPR grants individuals several rights. These rights allow them to control their personal data. These rights include:

• The right of access: Individuals have the right to know whether their data is being processed and, if so, to obtain a copy of that data.
• The right to rectification: Individuals have the right to request the correction of their inaccurate data.
• The right to erasure (“right to be forgotten”): Individuals can request the deletion of their data in certain circumstances, for example if it is no longer necessary for the purposes for which it was collected.
• The right to restriction of processing: Individuals may request restriction of processing of their data in certain circumstances, for example if they contest the accuracy of the data.
• Right to data portability: Individuals have the right to receive their personal data in a structured, commonly used and machine-readable format and to transfer it to another controller without hindrance.
• Right to object: Data subjects have the right to object to the processing of their personal data in certain circumstances, in particular with regard to profiling and direct marketing.
• Rights relating to automated decision-making and profiling: Individuals have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or significantly affects them.

Implications for businesses

Companies processing personal data of EU citizens are affected by the GDPR. Whether they are located within or outside the EU, GDPR compliance is essential. Failure to comply can result in financial penalties of up to 4% of the company's worldwide annual turnover or €20 million, whichever is higher.

To comply with GDPR, businesses must take steps such as:

• Appoint a Data Protection Officer (DPO) if necessary.
• Implement internal policies and procedures to ensure GDPR compliance.
• Train employees on data protection and GDPR responsibilities.
• Review contracts with subcontractors and suppliers to ensure GDPR compliance.
• Implement technical and organizational measures to ensure the security of personal data.
• Assess and document the risks associated with the processing of personal data.

• Ensure that requests from data subjects relating to their rights are processed within the required timeframes.

In conclusion, the GDPR represents a significant shift in personal data protection in Europe. It imposes clear obligations on organizations and gives individuals enhanced rights over their data. Businesses must adapt and implement the necessary measures to ensure GDPR compliance and avoid penalties. Data protection and privacy are paramount issues in our digital society, and the GDPR plays a central role in this evolution.