Scope and Application: GDPR applies to the processing of personal data of individuals in the European Union, regardless of where the data controller or processor is located. It also applies to organizations outside the EU if they process data of EU residents.
Data Protection Principles: GDPR outlines several fundamental principles for data processing, including lawfulness, fairness, and transparency; purpose limitation; data minimization; accuracy; storage limitation; integrity and confidentiality (security); and accountability.
Data Subject Rights: GDPR grants several rights to data subjects (individuals whose data is being processed). These rights include the right to access, rectify, erase (“right to be forgotten”), restrict processing, data portability, and object to processing.
Lawful Basis for Processing: Organizations must have a lawful basis for processing personal data, such as consent, contractual necessity, legal obligation, vital interests, legitimate interests, or public task.
Consent: If an organization relies on consent as the legal basis for processing, it must be freely given, specific, informed, and unambiguous. Data subjects have the right to withdraw consent at any time.
Data Protection Impact Assessments (DPIAs): DPIAs are required for processing that is likely to result in a high risk to data subjects’ rights and freedoms. They help organizations assess and mitigate risks.
Data Protection Officers (DPOs): Some organizations are required to appoint a Data Protection Officer responsible for ensuring compliance with GDPR.
Data Breach Notification: Organizations must report data breaches to the appropriate supervisory authority within 72 hours of becoming aware of the breach, and in certain cases, notify affected data subjects.
International Data Transfers: GDPR regulates the transfer of personal data outside the EU, requiring safeguards such as Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs).
Accountability and Record-keeping: Organizations must demonstrate compliance with GDPR through documentation, policies, and procedures.
Penalties: GDPR imposes significant fines for non-compliance, with fines of up to €20 million or 4% of the global annual turnover, whichever is higher.
Data Protection by Design and Default: Organizations are encouraged to implement data protection measures from the outset of designing systems or processes.
It’s important to note that GDPR is a complex regulation, and compliance can vary depending on the specific circumstances of an organization. Many organizations seek legal counsel or data protection experts to ensure they are in compliance with GDPR to protect the privacy and data rights of individuals. This summary provides an overview, but detailed legal advice and expertise may be needed for full compliance.
