The General Data Protection Regulation (GDPR) is a comprehensive data protection law that came into effect in the European Union (EU) in May 2018. It governs the processing of personal data of EU residents by organizations, regardless of where these organizations are located. GDPR emphasizes individuals' rights and imposes obligations on companies and entities handling personal data.
- Identify and document the types of personal data processed.
- Determine the sources of data collection, storage locations, and data flows within the organization.
- Determine the legal basis for processing personal data (e.g., consent, contract, legal obligation, vital interests, legitimate interests).
- Obtain clear and explicit consent when required for data processing activities.
- Implement mechanisms to record and manage consent preferences, allowing individuals to withdraw consent easily.
- Establish procedures to facilitate individuals' rights, including access, rectification, erasure (right to be forgotten), restriction of processing, data portability, and objection.
- Ensure timely responses to data subject requests and provide mechanisms for individuals to exercise their rights.
- Conduct DPIAs for high-risk processing activities to assess potential risks to individuals' rights and freedoms.
- Implement measures to mitigate identified risks and consult with relevant stakeholders as necessary.
- Incorporate privacy principles and data protection measures into the design and development of products, services, systems, and processes.
- Implement data minimization, pseudonymization, and encryption techniques to protect personal data.
- Implement appropriate technical and organizational security measures to ensure the confidentiality, integrity, and availability of personal data.
- Regularly assess and update security controls, conduct security audits, and address vulnerabilities promptly.
- Establish procedures to detect, investigate, and report personal data breaches to the relevant supervisory authority and affected individuals within the required timeframe.
- Ensure that contracts with data processors contain GDPR-compliant clauses outlining the processor's obligations and responsibilities.
- Provide training and awareness programs for employees on GDPR requirements, data protection principles, and organizational policies and procedures.
- Maintain comprehensive documentation, including data processing activities, policies, procedures, data protection impact assessments, and records of data subject interactions.
- Implement appropriate safeguards (e.g., Standard Contractual Clauses, Binding Corporate Rules, adequacy decisions) for transferring personal data outside the EU/EEA to ensure an adequate level of protection.
- Appoint a Data Protection Officer (DPO) if required by GDPR, ensuring independence, expertise in data protection law, and adequate resources to perform DPO responsibilities.