EU General Data Protection Regulation GDPR

The EU's GDPR (General Data Protection Regulation) is a pan-European data protection law, which superseded the EU’s 1995 Data Protection Directive, and all member state law based on that directive, on 25 May 2018. Significant and wide-reaching in scope, the new law brings a 21st-century approach to data protection. It expands the rights of individuals to control how their personal data is collected and processed, and places a range of new obligations on organisations (both controllers and processors) to be more accountable for data protection.

The GDPR also gives member states limited opportunities to make provisions or derogations for how the Regulation applies in their country.

GDPR – an ongoing compliance journey

25 May 2018 was just the beginning – the GDPR requires clear evidence of an organisation’s ongoing commitment and compliance efforts. You must ensure that you maintain your data processing practices to adequately address any emerging privacy and security risks.

If you have not yet started your GDPR journey, you should prioritise tackling those areas where a lack of action leaves your organisation exposed. When an infringement occurs, demonstrating you have made a start could help reduce potential penalties.

The Business benefits of the GDPR

Watch our short video where Alan Calder, IT Governance Founder and Executive Chairman, answers the important questions surrounding the EU GDPR and how it affects businesses in the EU.

Who does the GDPR apply to?

The principal requirements

1. Accountability and governance

You must be able to demonstrate compliance with the GDPR. This includes:

Establishing a governance structure with roles and responsibilities.
Keeping a detailed record of all data processing operations.
Documenting data protection policies and procedures.
Carrying out DPIAs (data protection impact assessments) for high-risk processing operations. Find out more about DPIAs >>
Implementing appropriate measures to secure personal data.
Conducting staff awareness training.
Where required, appointing a data protection officer.

Read our GDPR compliance checklist >>

2. The six data processing principles

The GDPR lists six data processing principles that data controllers must comply with. Personal data must be:

Processed lawfully, fairly and transparently.
Collected only for specific legitimate purposes.
Adequate, relevant and limited to what is necessary.
Accurate and, where necessary, kept up to date.
Stored only as long as is necessary.
Processed in a manner that ensures appropriate security.

3. Lawful processing

Except for special categories of personal data, which cannot be processed except under certain circumstances, personal data can only be processed if one of the following applies:

If the data subject has given their consent.
To meet contractual obligations.
To comply with legal obligations.
To protect the data subject’s vital interests.
For tasks in the public interest.
For the legitimate interests of the organisation.

4. Privacy rights of individuals

Individuals’ rights are enhanced and extended in a number of important areas. Data subjects have:

The right to be informed;
The right of access;
The right to rectification;
The right to erasure;
The right to restrict processing;
The right to data portability;
The right to object; and
Rights in relation to automated decision-making and profiling.

Learn how to map your data and establish a lawful basis for processing >>

5. Valid consent

The GDPR introduces stricter rules for obtaining consent:

Consent must be freely given, specific, informed and unambiguous.
A request for consent must be intelligible and in clear, plain language.
Silence, pre-ticked boxes and inactivity will no longer suffice as consent.
Consent can be withdrawn at any time.
Consent for online services from a child under 13 is only valid with parental or guardian authorisation.
Organisations must be able to evidence consent and the withdrawal of consent.

6. Data protection by design and by default

Data controllers and processors must implement technical and organisational measures that are designed to implement the data processing principles effectively.

Appropriate safeguards should be integrated into the processing.
Data protection must be considered at the design stage of any new process, system or technology.
A DPIA (data protection impact assessment) is an integral part of privacy by design

7. Transparency and privacy notices

Organisations must be clear and transparent about how personal data is going to be processed, by whom and why.

When personal data is collected directly from data subjects, data controllers must provide a privacy notice at the time of collection.
When personal data is not obtained directly from data subjects, data controllers must provide a privacy notice without undue delay, at the latest within a month. This must be provided the first time they communicate with the data subject, but no later than a month after obtaining the personal data.
For all processing activities, data controllers must decide how the data subjects will be informed and design privacy notices accordingly. Notices can be issued in stages.
Privacy notices must be provided to data subjects in a concise, transparent and easily accessible form, using clear and plain language.

8. Data transfers outside the EU

The transfer of personal data to international organisations and countries outside the EU is only allowed:

Where the EU has designated a country as providing an adequate level of data protection;
Through model contracts or binding corporate rules; or
By complying with an approved certification mechanism, e.g. EU-US Privacy Shield.

9. Data breach reporting

A personal data breach is defined as “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed”.

Data processors are required to report all breaches of personal data to data controllers.
Data controllers are required to report breaches to the Data Protection Commission (DPC) within 72 hours of their discovery if there is a risk to data subjects’ rights and freedoms.
Data subjects themselves must be notified without undue delay if there is a high risk to their rights and freedoms.

10. DPO (data protection officer)

The appointment of a DPO is mandatory where:

The processing is carried out by a public authority;
The core activities of the organisation require regular and systematic monitoring of data subject on a large scale or;
The core activities of the organisations involve large-scale processing of special categories of data and personal data relating to criminal convictions and offences.

A DPO has set tasks:

Inform and advise the organisation of its obligations.
Monitor compliance, including awareness raising, staff training and completion of audits.
Provide advice on data protection impact assessments.
Cooperate with the Data Protection Commission (DPC) and act as a contact point for both the DPC and data subjects.

What is personal data?

Personal data is any information relating to an identified or identifiable natural person (data subject). The Regulation places much stronger controls on the processing of special categories of personal data (previously referred to as sensitive personal data). The inclusion of genetic and biometric data is new to this category.

How IT Governance can help you get GDPR-ready

IT Governance, a leading global provider of IT governance, risk management and compliance solutions, is at the forefront of helping organisations globally address the challenges of GDPR compliance.

Browse our range of free resources and comprehensive solutions to help you meet your GDPR compliance objectives.

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The EU General Data Protection Regulation (GDPR)

What is the GDPR?

GDPR – an ongoing compliance journey

GDPR compliance overview