Understanding GDPR Compliance

The General Data Protection Regulation (GDPR) is a comprehensive privacy law that came into effect on May 25, 2018. It applies to any organization that processes personal data of EU residents, regardless of where the organization is located.

What is Personal Data?

Personal data is any information relating to an identified or identifiable person. This includes:

• Names, email addresses, phone numbers
• Identification numbers (passport, social security)
• Location data and IP addresses
• Biometric and health data
• Racial or ethnic origin
• Political opinions and religious beliefs
• Trade union membership
• Genetic data
• Online identifiers (cookies, device IDs)

Key GDPR Principles

Individual Rights Under GDPR

Right to Access (Article 15)

Individuals can request confirmation of whether you process their data and obtain a copy of that data.

Right to Rectification (Article 16)

Individuals can request correction of inaccurate or incomplete personal data.

Right to Erasure / Right to be Forgotten (Article 17)

Individuals can request deletion of their personal data in certain circumstances.

Right to Restriction of Processing (Article 18)

Individuals can request limitation of how you process their data in specific situations.

Right to Data Portability (Article 20)

Individuals can request their data in a structured, machine-readable format to transfer to another service.

Right to Object (Article 21)

Individuals can object to processing based on legitimate interests or for direct marketing purposes.

Rights Related to Automated Decision Making (Article 22)

Individuals have rights regarding automated decision-making, including profiling.

Data Protection Officer (DPO)

You must appoint a DPO if:

• You are a public authority (except courts)
• Your core activities require regular and systematic monitoring of individuals on a large scale
• Your core activities involve large-scale processing of special categories of data or criminal conviction data

Data Breach Notification

If a data breach occurs, you must:

• Notify the supervisory authority within 72 hours of becoming aware (if the breach poses a risk)
• Notify affected individuals without undue delay (if the breach poses a high risk)
• Document all data breaches, regardless of whether notification is required

Data Processing Agreements

When using third-party processors (cloud services, analytics, CRM, etc.), you must have written contracts that:

• Define the subject matter and duration of processing
• Specify the nature and purpose of processing
• Identify the type of personal data
• Outline the processor's obligations and restrictions
• Require the processor to implement appropriate security measures
• Address sub-processors and international transfers

International Data Transfers

Transferring personal data outside the EEA requires appropriate safeguards:

• Adequacy Decisions: Transfer to countries deemed adequate by the EU Commission
• Standard Contractual Clauses (SCCs): Use approved contract templates
• Binding Corporate Rules (BCRs): For intra-organizational transfers
• Certification Mechanisms: Use approved certification schemes
• Codes of Conduct: Adhere to approved codes

Common GDPR Violations and Penalties

Steps to GDPR Compliance

1. Awareness: Ensure key staff understand GDPR requirements
2. Data Audit: Document what data you collect, process, and store
3. Legal Basis: Identify lawful basis for each processing activity
4. Privacy Notices: Update privacy policies and notices
5. Rights Procedures: Implement processes to handle data subject rights
6. Consent Mechanisms: Review and update consent collection methods
7. Breach Procedures: Develop data breach response plan
8. DPO Appointment: Appoint DPO if required
9. Processor Agreements: Review and update third-party contracts
10. International Transfers: Implement safeguards for data transfers
11. Security Measures: Implement technical and organizational security
12. DPIA: Conduct Data Protection Impact Assessments for high-risk processing
13. Records: Maintain records of processing activities
14. Training: Train staff on data protection practices
15. Monitoring: Regularly review and audit compliance