What is GDPR and its requirements?

General Data Protection Regulation (GDPR) is a legislation that provides cohesive data privacy across the European Union (EU). GDPR has eliminated the need for the old data protection directive of 1995 and replaced it with a more comprehensive law in 2016. The core purpose of this replaced directive of GDPR is to provide businesses with more transparent and expanded data privacy rights.

GDPR not only protects individual data but also ensures that the organization collects its data responsibly. The GDPR also emphasizes that the data is maintained safely and is protected against unlawful and illegal processing. Consequently, GDPR is one of the most comprehensive sets of data privacy rules that places limits on who can access the information and how organizations can use personal data.

GDPR requirements

GDPR provides a robust data protection framework and facilitates citizens with more control over their data. The purpose of GDPR is not only to simplify the legislative environment of doing business for both organizations and citizens but also to maximize benefits from today’s digital economy.

The 2016 reformed design of GDPR truly reflects the needs of the world we are living in today. With the advent of the digital age, data breaches have become all the more rampant. However, with the GDPR checklist, organizations are forced to collect personal data under strict conditions and compelled to not misuse or exploit it. Besides checklists, GDPR has some serious requirements for individuals and organizations to follow. Let us take a brief dive into what GDPR is and its requirements.

Processing Data lawfully and transparently

It is one of the key requirements for organizations to document a legal reason why they require personal data and details. Also, the individual must be aware of the purposes and processes for which their information will be used. Under the GDPR law, data can be only processed with the following associated legalities.

  • To fulfill legal requirements where the individual holds all the data information.
  • With express consent of the individual to access and process their information.
  • To protect the legal interests of the individual.
  • To ensure the legal performance of a contract.

The organization processing the data in question must always ensure that the data processing is legitimate and is in full compliance with the GDPR’s guidelines.

Giving Rights to Data Subjects

To ensure transparency, the GDPR gives data subjects the rights to:

  • Access,
  • Erase,
  • Rectify,
  • Restrict the processing of,
  • Be notified of the use of,
  • Ensure the portability of,
  • Object to the processing of, and
  • Refuse the automated processing of

 

their data.

Requiring Consent

Organizations must get verified or written consent from the data processing individuals. Organizations must not use complicated or indecipherable terms while getting consent. The consent needs to be in plain and understandable language and the user must be fully aware of what they are consenting to.

The regulation also ensures the provision of consent withdrawal and making the withdrawal process as easy as that of consenting.

Offering Privacy by Default

The protection of data must be made part of the initial design and development stage of business development and infrastructure. This emphasizes the fact that the privacy settings must be set on ‘high’ by default and appropriate measures should be taken to process the lifecycle of data that falls into GDPR requirements.

Countering Individual Data Breaches

The mitigation of a data breach is one of the core and most crucial requirements of GDPR. Data breaches mainly happen due to accidental loss of, unlawful destruction of, illegal disclosure of, or unauthorized access to personal data. Data breaches are not always a result of cybercrime activity, however, and can happen due to any uncertain reason including intentional actions of individuals.

Transferring Data

The rule of transferring data depends upon where one is moving data to and from. Organizations that operate under the EU do not need to worry about additional steps to protect their data. If someone has to move data to a non-EU country, however, they must safeguard their data under the regulation’s requirements.

 

Using Data Protection Impact Assessment (DPIA)

Data Protection Impact Assessment (DPIA) is a data protection process that is aimed at aiding organizations when it comes to effective compliance with GDPR. It also helps to ensure that the  principles of privacy by default and design are practically and adequately implemented in the organization. The process of DIPA is supposed to be recorded in proper documentation. Moreover, the regulation makes it compulsory that the data processed under DPIA must protect the rights of neutral persons from risks.

Using a Data Protection Officer (DPO)

A Data Protection Officer (DPO) is an independent data protection expert who is fully responsible to ensure, advise, and help an organization comply with the GDPR’s requirements. They must advise staff about their data safety responsibilities and serve as a core center of contact between the GDPR supervising authority and the organization.

Training for Awareness

The training of stakeholders involved in the data accessing and processing process is absolutely mandatory, especially in the context of complying with the GDPR’s requirments. The staff must be taught all the data protection strategies and need to be fully aware of their responsibilities under the GDPR.

Conclusion

Countries and regions all over the world are taking cues from the GDPR and are eagerly adopting their data protection legislation accordingly. The GDPR is providing organizations and individuals with much reassurance when it comes to safeguarding their rights. Keeping in mind the GDPR regulations, the world’s top tech firms are also repositioning their data protection policies and refocusing on privacy-first policies.

 

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