Overview
This article establishes the core purpose of the General Data Protection Regulation (GDPR).
It aims to protect individuals’ personal data and fundamental rights while ensuring the free movement of data within the European Union (EU) and the European Economic Area (EEA).
Key Principles
Protection of Personal Data: Safeguarding personal data and respecting individuals' privacy rights.
Lawful, Fair, and Transparent Processing: Ensuring organizations process data according to law and transparency.
Accountability: Organizations must demonstrate compliance with GDPR principles and be held accountable.
Harmonization of Data Protection Standards: Standardizing privacy protection laws across EU Member States.
Organizational Applicability
This applies to all organizations processing personal data of EU/EEA residents, whether or not based in the EU.
Examples of applicability:
Collection of data from EU citizens, employees, or users.
Third-party processors handling EU personal data.
Cloud or on-premises systems managing personal data.
Implementation Requirements
Governance & Policy
Establish and communicate a Data Protection Policy aligned with GDPR.
Appoint a Data Protection Officer (DPO) or equivalent role.
Data Mapping & Processing
Maintain a Record of Processing Activities (RoPA) for all personal data processing.
Identify and classify all personal data assets.
Legal Basis for Processing
Ensure every processing activity has a lawful basis (e.g., consent, contract).
Document these bases for transparency.
Employee Training & Awareness
Regular training for all staff handling personal data to ensure GDPR compliance.
Implementation Guidance
Define and approve a Data Protection Policy aligned with GDPR principles.
Maintain an up-to-date Record of Processing Activities (RoPA).
Conduct DPIAs for high-risk processing activities.
Provide annual GDPR training for all relevant staff.
Periodic Review
Frequency: Annually or upon major changes to processing activities.
Responsible Role: Data Protection Officer or equivalent.
Outcome: Continuous compliance, up-to-date policies, and evidence.
Non-Compliance Risks
Financial Penalties: Fines up to €20 million or 4% of annual global turnover (whichever is higher).
Legal Risks: Civil lawsuits and regulatory actions.
Reputational Harm: Loss of customer trust, market share, and business opportunities.