The General Data Protection Regulation (GDPR) is an extensive European Union regulation designed to safeguard the personal data of EU citizens and give them control over their data. It mandates that organizations must have legal grounds, maintain transparent records, and obtain explicit consent for data processing. GDPR has strict guidelines, including criteria for valid consent, rights of data subjects, and protocols for handling data breaches. Non-compliance can lead to severe penalties.
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Key Takeaways:
- Purpose and Scope
GDPR aims to give individuals control over their personal data and protect their fundamental rights and freedoms, requiring compliance from any organization accessing EU citizens’ data. - Legal Ground and Consent
Organizations must have valid legal grounds for data processing, document these processes, and obtain clear, affirmative action for consent from users, with procedures to easily withdraw it. - Data Controllers and Processors
Both data controllers and processors must track and document data processing activities, including which data types are processed, the purposes, and third-party or international data transmissions. - Individuals’ Rights
Under GDPR, individuals have rights like data access, portability, and the right to be forgotten. Organizations must facilitate these rights, ensuring easy consent withdrawal and data deletion if no longer necessary. - Compliance and Penalties
Non-compliance can result in heavy fines up to €20 million or 4% of global turnover. Organizations must prepare by training employees, auditing data and service partners, maintaining consent records, responding to rights requests, and preparing for data breaches.
What is GDPR?
The General Data Protection Regulation (GDPR) is a regulation that spans across the European Union, governing how businesses and other organizations manage personal data. It has had a significant impact on global data privacy legislation and mandates that any organization accessing personal data of individuals within the EU must comply with its rules. Read an in-depth article on what GDPR is
Why Was the GDPR Created?
The GDPR was designed to empower individuals with control over how their personal data is used and to ensure the protection of their fundamental rights and freedoms.
The regulation imposes rigorous requirements on data handling processes, transparency, record-keeping, and obtaining user consent for any organization processing personal data within the EU.
Key Obligations for Organizations
Organizations must have a legitimate legal basis for processing personal data, maintain accurate records, and continuously monitor these activities. This responsibility extends to in-house data handling and third-party data processors—entities like Software-as-a-Service (SaaS) providers, or embedded tracking services on websites.
Both data controllers and processors must document the type of data processed, the purpose of processing, and the entities or countries to which the data is transmitted.
If personal data is transmitted outside the GDPR’s jurisdiction or to countries not deemed ‘adequate’ in terms of data privacy, users must be informed about this and any associated risks.
Consent Requirements
All consents must be properly recorded and securely stored as proof that they were given. On May 4, 2020, the European Data Protection Board (EDPB) issued guidelines on what constitutes valid consent under GDPR. Consent must be given freely, specifically, informed, and provided through a clear, affirmative action by the user.
Importantly, simply continuing to browse a website does not count as valid consent, and cookie banners cannot have pre-ticked boxes. Forced consent through cookie walls is also noncompliant.
The EDPB, which includes representatives from the data protection authorities of each EU member state, ensures consistent application and enforcement of the GDPR across Europe.
Rights of Individuals Under GDPR
Individuals have several rights under the GDPR, including the right to data portability, access to their data, and the “right to be forgotten,” among others. Individuals can withdraw their consent at any time, and it should be as easy to withdraw as it was to give consent.
When withdrawal occurs, data controllers must cease processing the individual’s data and delete it if it’s no longer needed for the original purpose.
Organizations must also notify data protection authorities and affected individuals within 72 hours in the event of a data breach.
Data Protection Officer (DPO) Requirements
Public authorities, organizations with more than 250 employees, and companies that process sensitive personal data on a large scale must appoint or train a Data Protection Officer (DPO). The DPO is responsible for ensuring and maintaining GDPR compliance across the organization.
Steps to Achieve GDPR Compliance
If your website has visitors or customers from the EU, and you or your service providers (like Google and Facebook) process any personal data, you must obtain prior consent from the visitor. This requires:
- Explaining the extent and purpose of data processing in clear language before any processing occurs.
- Making this information constantly available, such as in your privacy policy.
- Providing easy options for visitors to change or withdraw their consent at any time.
- Logging and securely storing all consents, and documenting the tracking of personal data, including its transmission to other countries.
How Conzent CMP Can Help
Conzent’s Consent Management Platform (CMP) automates GDPR compliance related to cookie and tracker consent requirements. It allows you to:
- Monitor and document cookies and other tracking technologies used on your website.
- Display relevant information to your website visitors.
- Automatically obtain and securely log all user consents.
What Constitutes Personal Data?
Under GDPR, personal data is any information that can identify an individual, either directly or indirectly, such as names, identification numbers, location data, online identifiers, or various factors specific to their identity. Online identifiers like IP addresses are considered personal data unless anonymized. Even pseudonymized data falls under GDPR if it can be re-identified.
GDPR Enforcement Date
The GDPR came into effect on May 25, 2018, having been adopted by the European Parliament and the European Council on April 27, 2016, replacing the Data Protection Directive.
GDPR Fines and Penalties
Non-compliance with the GDPR can lead to severe fines up to €20 million or 4% of the organization’s global annual turnover, whichever is higher, particularly for serious breaches.
GDPR Compliance Checklist: Essential Steps
- Prepare Your Organization: Educate stakeholders about GDPR requirements and provide employee training on Cybersecurity, Privacy by Design, and Privacy by Default. Assign a DPO if necessary.
- Audit Your Data: Identify where
all your data resides, who accesses it, and on what devices. Ensure you know where personal data is being processed, including by third-party processors. Document the legal grounds for data processing and revise your privacy policies as needed.
- Audit Service Partners: Ensure that your service partners, such as embedded third-party services on your website or SaaS providers, comply with GDPR or are in jurisdictions officially deemed “adequate” for data protection. Review and map out their international data flows.
- Obtain Consent: Implement processes for requesting, obtaining, and securely recording user consent to ensure ongoing privacy compliance. Keep a clear record of each individual’s consents and provide options for them to easily revoke or change consent at any time.
- Respond to Data Subject Rights Requests: Establish procedures to promptly respond to data subject rights requests, which include requests for data access, correction, and deletion. Document how these requests will be managed in both customer and employee contexts.
- Prepare for Data Breaches: Develop procedures to prevent, detect, investigate, and report data breaches. Ensure your processes meet the GDPR’s requirement to notify data protection authorities and affected individuals within 72 hours of a breach.
By following these guidelines, your organization can effectively navigate the complexities of GDPR compliance, ensuring robust data protection and fostering trust with your users.
