The EU GDPR (General Data Protection Regulation) – Overview

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. Learn more about DPIAs .
• Implementing appropriate measures to secure personal data.
• Conducting staff awareness training.
• Where required, appointing a data protection officer.

 Read our EU GDPR compliance checklist

The six data processing principles

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

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

Lawful processing

Except for special categories of personal data, which cannot be processed except under certain circumstances, personal data can only be processed:

• 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; and
• For the legitimate interests of the organisation.

Data subjects’ rights

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 concerning automated decision-making and profiling.

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

Valid consent

There are stricter rules regarding 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• Consent can be withdrawn at any time.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 is only valid with parental authorisation.
• Organisations must be able to evidence consent.

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.

Transparency and privacy notices

Organisations must be clear about how, why and by whom personal data will be processed.

• 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, and within a month. This must be done the first time they communicate with the data subject.
• 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.

Data transfers outside the EU

• Where the EU has designated a country as providing an adequate level of data protection;
• Through standard contractual clauses or binding corporate rules; or
• By complying with an approved certification mechanism.

Many non-EU organisations that process EU residents’ personal data also need to appoint an EU representative following the end of the transition period.

Mandatory data breach notification

The GDPR defines a personal data breach 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 supervisory authority (the Data Protection Commission (DPC) in Ireland) within 72 hours of becoming aware of them 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.

DPOs (data protection officers)

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; Learn more about DPIAs
• Implementing appropriate measures to secure personal data;
• Conducting staff awareness training; and
• Where required, appointing a data protection officer.

 Read our EU GDPR compliance checklist