5 Helpful Question About GDPR
The General Data Protection Regulation (GDPR) has reshaped the landscape of data privacy, impacting organizations globally. Understanding its intricacies can feel overwhelming, especially given the potential penalties for non-compliance. This article aims to demystify some crucial aspects of the GDPR by answering five frequently asked questions. We’ll explore key concepts and practical considerations to help you navigate the complexities of this important regulation. Let’s dive into understanding the GDPR better.
1. What Exactly is Personal Data Under GDPR?
Defining personal data is fundamental to GDPR compliance. It goes far beyond just names and addresses. The GDPR considers any information that relates to an identified or identifiable natural person as personal data. This includes:
- Name
- Email Address
- IP Address
- Location Data
- Online Identifiers
- Photos
- Even opinions expressed about a person (if those opinions can identify them)
Essentially, if data can be used, either on its own or in conjunction with other information, to identify an individual, it falls under the umbrella of personal data and is therefore subject to GDPR regulations.
2. What are the Lawful Bases for Processing Personal Data?
The GDPR outlines six lawful bases for processing personal data. You must have a valid legal basis to collect and use someone’s information. These include:
- Consent: The individual has given clear consent for you to process their personal data for a specific purpose.
- Contract: Processing is necessary for the performance of a contract with the individual, or to take steps at their request before entering into a contract.
- Legal Obligation: Processing is necessary for you to comply with the law (not including contractual obligations).
- Vital Interests: Processing is necessary to protect someone’s life.
- Public Task: Processing is necessary for you to perform a task in the public interest or for your official functions, and the task has a clear basis in law.
- Legitimate Interests: Processing is necessary for your legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This can’t apply if you are a public authority processing data to perform your official tasks.)
Choosing the correct lawful basis is crucial, as it dictates how you must handle the data and inform individuals about its use.
3. What are the Key Rights Granted to Data Subjects?
The GDPR grants several important rights to data subjects (individuals whose data is being processed). These rights empower individuals to control their personal information. Some key rights include:
- Right to Access: The right to know what personal data is being processed and to obtain a copy of that data.
- Right to Rectification: The right to have inaccurate personal data corrected.
- Right to Erasure (“Right to be Forgotten”): The right to have personal data erased under certain circumstances.
- Right to Restriction of Processing: The right to limit how personal data is processed.
- Right to Data Portability: The right to receive personal data in a structured, commonly used, and machine-readable format and to transmit that data to another controller.
- Right to Object: The right to object to the processing of personal data in certain situations.
4. What are the Potential Penalties for GDPR Non-Compliance?
The penalties for violating the GDPR can be substantial. There are two tiers of fines:
Tier 1: Lower Tier
Up to €10 million, or 2% of the company’s total worldwide annual turnover of the preceding financial year, whichever is higher.
Tier 2: Higher Tier
Up to €20 million, or 4% of the company’s total worldwide annual turnover of the preceding financial year, whichever is higher.
The specific fine levied depends on the severity of the violation, the nature of the data involved, and the organization’s efforts to comply with the GDPR. Beyond fines, non-compliance can lead to reputational damage and loss of customer trust.
5. How Can My Organization Prepare for and Maintain GDPR Compliance?
Achieving and maintaining GDPR compliance is an ongoing process. Here are some key steps to consider:
- Conduct a Data Audit: Map out all the personal data your organization collects, processes, and stores.
- Implement Privacy Policies and Procedures: Develop clear and comprehensive policies that outline how you handle personal data.
- Provide Employee Training: Ensure all employees understand the GDPR and their responsibilities.
- Appoint a Data Protection Officer (DPO): If required, appoint a DPO to oversee data protection compliance;
- Implement Security Measures: Implement appropriate technical and organizational security measures to protect personal data.
- Regularly Review and Update: Continuously review and update your policies and procedures to reflect changes in the GDPR and your organization’s activities.
