2.1. Introduction to GDPR
The General Data Protection Regulation (GDPR) is one of the world’s strictest privacy and data protection laws, mandating compliance for any organization processing personal data of individuals within the EU, regardless of its location. Since its enforcement on 25th May 2018, GDPR has significantly influenced global data protection practices.
2.2. Core Principles and Requirements
2.2.1. Fundamental Principles
a.Lawfulness, Fairness, and Transparency: Personal data must be processed lawfully, fairly, and transparently.
b.Purpose Limitation: Personal data shall be collected for specified, explicit, and legitimate purposes.
c.Data Minimization: Processed data must be adequate, relevant, and limited to what is necessary.
d.Accuracy: Personal data must be accurate and kept up to date; inaccurate data shall be rectified or erased without delay.
e.Storage Limitation: Data shall not be retained longer than necessary for the processing purposes.
f.Integrity and Confidentiality: Data must be processed securely, including protection against unauthorized access or destruction.
g.Accountability: Controllers are responsible for demonstrating compliance with these principles.
2.2.2. Data Security
GDPR requires controllers and processors to implement “technical and organizational measures,” such as access controls, encryption, and staff training.
2.2.3. Consent Requirements
GDPR imposes strict requirements on consent, including:
a.Consent must be “freely given, specific, informed, and unambiguous.”
b.Consent requests must be “clearly distinguishable” from other matters and presented under “clear and plain language.”
c.Data subjects may withdraw consent at any time, and their decision must be respected.
d.Written records of consent must be maintained.
2.2.4. Records of Processing Activities (RoPA)
Controllers and processors must maintain records of all data processing activities under their responsibility.
2.2.5. Data Subject Rights
GDPR grants data subjects rights including: Right to Information, Right of Access, Right to Rectification, Right to Erasure, Right to Restrict Processing, Right to Data Portability, Right to Object, and Rights related to automated decision-making.
2.2.6. Data Protection Impact Assessment (DPIA)
A DPIA must be conducted prior to high-risk processing activities (e.g., using new technologies).
2.2.7. Data Protection Officer (DPO)
GDPR recommends appointing a DPO to oversee compliance and act as a point of contact for data protection matters.
2.2.8. Data Processing Agreement (DPA)
A legally binding agreement must be established between controllers and processors, as per GDPR Article 28.
2.2.9. Data Breach Reporting
Processors must notify controllers of breaches without undue delay. Controllers must report breaches to supervisory authorities within 72 hours.
2.2.10. Cross-Border Data Transfers
In the event of a transfer of personal data that is being processed or is intended to be processed after transfer to a third country or international organisation, this shall only take place if the controller and processor comply with the relevant provisions of Chapter V of the GDPR.