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Overview of GDPR

GDPR
The General Data Protection Regulation (GDPR) = a comprehensive privacy + security law enacted => European Union = applies globally to organizations targeting or collecting data related to individuals in the EU. Effective since May 25 2018, GDPR imposes stringent obligations on organisat° + introduces high fines for non compliance.

Historical Background:

  • The GDPR traces its roots to the 1950 European Convention on Human Rights, emphasizing the right to privacy.
  • The European Data Protection Directive of 1995 set initial data privacy standards, prompting the need for an update due to technological advancements and the rise of the internet.


Scope and Penalties:

  • GDPR applies to organizations processing personal data of EU citizens or residents, regardless of their location.
  • Violations can result in significant fines, with two tiers reaching up to €20 million or 4% of global revenue.
  • Data subjects have the right to seek compensation for damages.
Key Definitions:
Personal Data: Any information directly or indirectly identifying an individual. Data Processing: Any action on data, including collection, recording, storage, and usage. Data Subject: The person whose data is processed. Data Controller: The entity determining how and why personal data is processed. Data Processor: A third party processing data on behalf of a data controller.
  1. Data Protection Principles:
  2. Seven principles outlined in Article 5.1-2 include lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, confidentiality, and accountability.
  3. Accountability:
  4. Data controllers must demonstrate GDPR compliance through designated responsibilities, detailed documentation, staff training, and security measures.
  5. Data Protection Officer (DPO) appointment is recommended for certain cases.
  6. Data Security:
  7. Organizations must implement appropriate technical and organizational measures to secure data.
  8. Breach notification is mandatory within 72 hours, or penalties may apply.
  9. Data Protection by Design and by Default:
  10. Organizations must integrate data protection principles into the design of products or activities, as per Article 25.
  11. Lawful Basis for Data Processing:
  12. GDPR specifies instances where processing personal data is legal, including consent, contractual necessity, legal obligations, vital interests, public interest, and legitimate interests.
  13. Consent:
  14. Strict rules govern consent, requiring it to be freely given, specific, informed, unambiguous, and easily withdrawable.
  15. Special rules apply to consent from children under 13.
  16. Data Protection Officers (DPO):
  17. DPO appointment is mandatory for certain entities or can be chosen voluntarily.
  18. DPO responsibilities include ensuring GDPR understanding, advising on responsibilities, conducting training, audits, and monitoring compliance.
  19. Privacy Rights of Data Subjects:
  20. GDPR recognizes several privacy rights for data subjects, including the right to be informed, access, rectification, erasure, restrict processing, data portability, object, and protection against automated decision-making.



Overview of GDPR

GDPR
The General Data Protection Regulation (GDPR) = a comprehensive privacy + security law enacted => European Union = applies globally to organizations targeting or collecting data related to individuals in the EU. Effective since May 25 2018, GDPR imposes stringent obligations on organisat° + introduces high fines for non compliance.

Historical Background:

  • The GDPR traces its roots to the 1950 European Convention on Human Rights, emphasizing the right to privacy.
  • The European Data Protection Directive of 1995 set initial data privacy standards, prompting the need for an update due to technological advancements and the rise of the internet.


Scope and Penalties:

  • GDPR applies to organizations processing personal data of EU citizens or residents, regardless of their location.
  • Violations can result in significant fines, with two tiers reaching up to €20 million or 4% of global revenue.
  • Data subjects have the right to seek compensation for damages.
Key Definitions:
Personal Data: Any information directly or indirectly identifying an individual. Data Processing: Any action on data, including collection, recording, storage, and usage. Data Subject: The person whose data is processed. Data Controller: The entity determining how and why personal data is processed. Data Processor: A third party processing data on behalf of a data controller.
  1. Data Protection Principles:
  2. Seven principles outlined in Article 5.1-2 include lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, confidentiality, and accountability.
  3. Accountability:
  4. Data controllers must demonstrate GDPR compliance through designated responsibilities, detailed documentation, staff training, and security measures.
  5. Data Protection Officer (DPO) appointment is recommended for certain cases.
  6. Data Security:
  7. Organizations must implement appropriate technical and organizational measures to secure data.
  8. Breach notification is mandatory within 72 hours, or penalties may apply.
  9. Data Protection by Design and by Default:
  10. Organizations must integrate data protection principles into the design of products or activities, as per Article 25.
  11. Lawful Basis for Data Processing:
  12. GDPR specifies instances where processing personal data is legal, including consent, contractual necessity, legal obligations, vital interests, public interest, and legitimate interests.
  13. Consent:
  14. Strict rules govern consent, requiring it to be freely given, specific, informed, unambiguous, and easily withdrawable.
  15. Special rules apply to consent from children under 13.
  16. Data Protection Officers (DPO):
  17. DPO appointment is mandatory for certain entities or can be chosen voluntarily.
  18. DPO responsibilities include ensuring GDPR understanding, advising on responsibilities, conducting training, audits, and monitoring compliance.
  19. Privacy Rights of Data Subjects:
  20. GDPR recognizes several privacy rights for data subjects, including the right to be informed, access, rectification, erasure, restrict processing, data portability, object, and protection against automated decision-making.


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