GDPR
The General Data Protection Regulation (GDPR) is a comprehensive data protection framework that was introduced in the European Union (EU) on May 25, 2018. It replaced the Data Protection Directive of 1995 and aimed to strengthen and unify data protection for all individuals within the EU. The GDPR is built on several key principles to ensure the fair and transparent processing of personal data. These principles include lawfulness, fairness, and transparency; purpose limitation; data minimization; accuracy; storage limitation; integrity and confidentiality; and accountability. One of the central aspects of GDPR is the empowerment of individuals regarding their personal data. The regulation grants individuals various rights, including the right to access their data, the right to rectify inaccurate information, the right to erasure (commonly known as the « right to be forgotten »), and the right to data portability. Organizations must have a lawful basis for processing personal data under the GDPR. The six lawful bases include consent, contract, legal obligation, vital interests, public task, and legitimate interests. Consent, in particular, requires clear and affirmative action from the data subject. Certain organizations are required to appoint a Data Protection Officer (DPO) to ensure compliance with the GDPR. The DPO is responsible for advising on data protection obligations, monitoring compliance, and acting as a contact point for data subjects and the supervisory authority.
Under the GDPR, organizations are obligated to report data breaches to the relevant supervisory authority within 72 hours of becoming aware of the breach. Data subjects must also be informed without undue delay if the breach is likely to result in a high risk to their rights and freedoms. While the GDPR is a European regulation, its impact is global. Organizations outside the EU that process the personal data of EU residents are also subject to the regulation. This extraterritorial reach has led many companies worldwide to adopt GDPR compliance measures to avoid hefty fines and reputational damage. Supervisory authorities in each EU member state are responsible for enforcing the GDPR. Non-compliance can result in significant fines, with the maximum penalties reaching up to 4% of the organization’s global annual revenue or €20 million, whichever is higher. The General Data Protection Regulation represents a significant milestone in the field of data protection, setting a high standard for privacy and security practices globally. Its emphasis on individual rights, transparency, and accountability has reshaped how organizations handle personal data, fostering a culture of data protection and privacy awareness
