The General Data Protection Regulation (GDPR) is the cornerstone of data protection regulation in the European Union, designed to strengthen and unify data privacy for all individuals within the EU. As a comprehensive framework, GDPR sets out clear requirements for organizations that process personal data, whether they are based in the EU or handle data related to EU residents. The regulation empowers individuals with greater control over their personal data and obliges organizations to implement robust data protection measures.
A key aspect of GDPR compliance is the appointment of a Data Protection Officer (DPO) for organizations whose core activities involve large-scale processing of sensitive data or systematic monitoring of individuals. The DPO is responsible for overseeing the organization’s data protection strategy and ensuring ongoing compliance with GDPR requirements. Regulatory authorities across the EU are tasked with enforcing the regulation, and organizations must be able to demonstrate their commitment to data privacy through documented policies, risk assessments, and transparent data handling practices.
Ultimately, GDPR compliance is not just a legal obligation—it is a commitment to respecting the privacy rights of EU residents and maintaining trust in how personal data is managed and protected.
What is GDPR Compliance
General Data Protection Regulation Compliance, also known as GDPR Compliance, is the European Union’s foundation law on data privacy and security. The objective of GDPR is to provide individual’s control over their personal data from how it’s collected to how it’s use, shared, and storage. Businesses needed to comply with this law by being transparent with personal data and ensuring data privacy by allowing individuals the right to access, correct, delete, and restrict the processing of their data.
GDPR compliance has changed the data compliance standards worldwide. This means the GDPR applies to companies across the globe that process data related to EU citizens or residents. With previous data protection acts already in force, GDPR compliance introduced more stringent laws and penalties for non-compliance with an increased focus on individual rights to privacy.
GDPR has also influenced data privacy laws in other jurisdictions, setting a benchmark for organizational compliance and shaping best practices for data protection globally.
Key GDPR Terminology
The scope of comprehension in the application of GDPR lies within its core terminology. It defines several key roles and activities in order to clarify responsibilities, rights, and expectations around data handling. Data controllers are entities that determine the purposes and means of personal data processing, and they are legally accountable for ensuring compliance by implementing appropriate technical and organizational measures to protect data. Here are the essential terms to understand what is GDPR compliance:
Data Controller
The data controller is the person or organization who defines where and for what purpose personal information should be processed. This role is responsible to a degree for making sure information produced and maintained meets the GDPR requirements.
Data Processor
A data processor is a person or entity that processes personal data on behalf of the controller. Unlike the controller, the processor may not decide what to do with the data, but they can process them as described in instructions given by a controller. Data security and confidentiality must be assured by the processors as well as they are bound to comply with GDPR compliance regulations.
Data Subject
Data subject is an identifiable person whose personal data is being collected, stored or processed by a data controller or processor. Under general data protection regulation compliance, data subjects generally are residents of the EU and have various rights over their data (for example to access, rectify, or delete it.)
Personal Data
Any information (data) relating to an identifiable individual that can reveal the individual’s identity is considered personal data according to GDPR. Examples of sensitive personal data that require special protection under GDPR include health information, biometric data, and religious or philosophical beliefs. This means that GDPR affects essentially everything — including names, email addresses, IP addresses and even biometric data. Include both structured data (like database) and unstructured data (personal identifier in emails or documents).
Processing
Under the GDPR compliance regulations, “processing” is a wide-ranging concept that covers virtually everything done to personal data such as the collection, storage, alteration, suppression, retrieval, sharing, and erasing of any information. In fact, the regulation defines processing so broadly that any action taken with personal data is considered a type of processing.
Organizations must handle personal data in compliance with GDPR to ensure lawful and secure processing.
- Securing Regulated and Sensitive Data
- Key DLP compliance requirements
- Modern DLP technologies
What are GDPR data subject rights?
Now that your first question is answered “what is GDPR compliance”, let’s explore what is data subject rights. One of the most significant aspects of GDPR is that it provides rights to its data subjects (individuals residing in, or otherwise located within EU). These rights enable people to access, edit or delete their data and limit its use, promoting transparency and responsibility on part of organizations. Organizations must implement procedures to ensure GDPR compliance when fulfilling data subject rights. Here are some of the key rights that GDPR provides:
1. Right to Access
As per GDR, data subjects have the right to know what type of data is being processed, for which purpose, and for how long. In most cases, businesses need to respond quickly without charging anything for the information.
Organizations must implement access controls to ensure that only authorized individuals can access personal data when responding to access requests.
2. Right to Rectification
This right allows you to have inaccurate or incomplete personal data corrected. Organizations must correct any inaccuracies in a timely manner. In practice, companies need to put systems in place that will update this information in real time and enable data subjects to see their personal data on file at any moment so they can rectify it as needed.
3. Right to Erasure
This “right to be erasure” is paramount for privacy as in this data subjects can ask an organization to delete their personal data, or they withdraw consent. This right means that companies need transparent processes in place to safely erase all data when asked.
4. Right to Restrict Processing
People can ask companies to stop processing their data in some cases if that information is inaccurate or the way it’s being used unlawful. The data’s right to pause, in turn requires businesses be able to put some kind of “hold,” which can mean implementing segmented systems for the storage and processing of such sensitive information.
5. Right to Data Portability
An individual can obtain copies of his personal data about himself in a structured commonly used format. It is necessary for businesses to both store data in a format that can be easily exported and implement technical means of exporting information perfectly when requested.
6. Right to Object
You have the right to oppose processing of data, for example direct marketing or based on a common interest. Upon receipt of an objection, the business must stop processing the data; unless it can demonstrate compelling legitimate grounds for continuing to process that override their interests, rights and freedoms.
Who Needs to Comply with GDPR?
A company that processes personally identifiable information of EU residents falls under the scope of GDPR security compliance; it does not matter where they are located. GDPR specifically protects EU residents’ data and applies to any organization that collects personal data from individuals in the European Economic Area (EEA), regardless of the organization’s location. This is an extraterritorial regulation since EU companies and other foreign firms must comply if they process data of the individuals in the European Union. Types of organizations that have to comply with GDPR are:
EU-Based Organizations
GDPR compliance regulations mandate that any EU organization (whether public or private) must comply when undertaking data processing of personal information. It is an organization of all sizes from large to small, across all verticals like healthcare, finance, e-commerce and technology.
Each EU member state has a data protection authority responsible for monitoring and enforcing GDPR compliance within its jurisdiction.
Non-EU Organizations Targeting EU Residents
GDPR compliance applies to any company that offers goods or services to EU residents or tracks their behavior within the borders of this economically significant zone, even without any physical premises located in it.
Data Processors Working for EU Controllers
If third-party service providers or data processors process any kind of data on behalf of organizations that fall under the scope of GDPR, then even such entities are brought under the ambits of GPDR. Since they process the data of EU residents and citizens, they should be equally responsible for complying with this law and thus have responsibility for keeping the subject’s information secure.
Core GDPR Principles
Understanding what is GDPR compliance involves recognizing the seven principles aimed at promoting responsible data use and respecting the rights of privacy held by individuals. These seven principles are known as the data protection principles under GDPR. These principles help organizations meet the highest data compliance standards.
Lawfulness, Fairness, and Transparency
Organizations have a duty to process personal data lawfully, in ways that are transparent with individuals about how and where their own information is being used. This implies that the subject must be informed about what data is being collected with their consent. Processing of data needs to be done fairly, allowing individuals control and choices over their own data without misleading them or causing harm.
Purpose Limitation
Personal data shall be collected for specified, explicit, and legitimate purposes only and not further processed in a manner that is incompatible with those purposes. It stops data being used improperly by saying that you can only collect information for one reason (provision of a service) and then use it later on, without further consent, to carry out other kinds of activities (such as marketing).
Data Minimization
The principle of data minimization requires only that information which is needed for a given task should be collected by an organization. By storing less personal information, this minimizes the chances of data breaches. This will also help to maintain a sense of data ownership among customers and ensure that the company has minimized any potential for abuse.
Accuracy
Organizations must implement processes to maintain accurate personal data and if there is any wrong or obsolete data, it must be corrected or deleted promptly. This is particularly relevant for industries where decisions affecting people depend on accurate information such as finance or health care.
Storage Limitation
Under GDPR security compliance, personal data must be held for no longer than is necessary to fulfil the purpose of which it was collected. Retention periods must be set for different types of data, and organizations are required to delete or anonymize any information that is no longer necessary. This decreases the chances of data breaches and helps in compliance with data lifecycle management.
Integrity and Confidentiality
It is known as the “security principle”. The security principle states that personal data must be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss.
Organizations must implement technical and organizational measures to protect data from unauthorized access or loss, ensuring compliance with GDPR requirements.
Accountability
This principle of accountability puts the burden of compliance squarely upon organizations. Businesses need to document their data practices, keep a record of processing activities, and show that they have implemented the right measures to safeguard the data including carrying out Data Protection Impact Assessments (DPIAs) or appointing a Data Protection Officer (DPO) if required.
Establishing accountability frameworks is essential for ensuring GDPR compliance and protecting data subjects’ rights.
GDPR Compliance Checklist
Achieving and maintaining GDPR compliance requires a systematic approach to processing personal data. A GDPR compliance checklist helps organizations ensure they are meeting all regulatory requirements and protecting the rights of data subjects. Here are the essential steps every organization should follow:
- Identify and Document Data Held: Map out all personal data collected, stored, and processed, including the sources, purposes, and locations of the data.
- Secure Your Website: Implement HTTPS, review cookies and trackers, and ensure all online forms are secure.
- Update Privacy Policy: Clearly explain how personal data is collected, used, and protected, using clear and plain language.
- Obtain Consent for Communications: Ensure explicit consent is obtained for email marketing and other direct communications, and make it easy for users to withdraw consent.
- Add a Cookie Banner: Inform users about cookies and obtain their consent before tracking begins.
- Review Data Collection Forms: Only collect data that is necessary for your purposes, and ensure forms are GDPR compliant.
- Assess Data Processors: Review contracts with third-party data processors to ensure they meet GDPR standards for processing personal data.
- Enable Data Subject Rights: Provide mechanisms for data subjects to access, rectify, erase, or restrict the processing of their personal data.
- Prepare for Data Breaches: Develop a data breach response plan, including procedures to notify data protection authorities and affected data subjects within 72 hours of discovering a breach.
- Regularly Review and Update: Continuously monitor and update your GDPR compliance checklist to adapt to changes in data processing activities or regulatory guidance.
By following this checklist, organizations can proactively address GDPR requirements, minimize the risk of data breaches, and demonstrate their commitment to protecting personal data.
Core GDPR Compliance Requirements for Businesses
These requirements, as outlined under GDPR, are in place to ensure that organizations would be able comply with specifics of protecting and safeguarding personal data from potential misuse thereby also securing privacy rights. Organizations must also have procedures in place to promptly report data breaches in accordance with GDPR requirements. These are the main GDPR requirements that every business must meet to establish robust data compliance standards.
Obtaining Consent
GDPR must ensure that the consent must be given freely, specifically, informed and unambiguous. Organizations must request consent in a simple and clear language, and the withdrawal of consent should be as easy as the process through which consent was taken.
Data Subject Rights
Under GDPR compliance, individuals (data subjects) have a number of rights over their personal data and organizations must stand ready to fulfil these seamlessly. Companies must make sure that there are processes through which personal data can be accessed, rectified or erased.
Data Breach Notification
When a data breach occurs, GDPR requires organizations to inform the supervisory authority within 72 hours. If there is a risk to the rights and freedoms of data subjects, the organization shall in addition communicate the personal data breach to the data subject without undue delay.
- What data has been potentially exposed?
- Incursion detection and Persistence detection
- How should I respond?
Designation of a DPO (Data Protection Officer)
Certain organizations are mandated to hire a Data Protection Officer (DPO) who shall oversee the organization’s GDPR compliance and provide guidance on data protection methodologies. This is mandatory for:
- Public authorities or bodies.
- Organizations whose core activities involve large-scale, systematic monitoring of individuals (e.g., behavior tracking).
- Organizations that process large volumes of sensitive data, such as health information or criminal records.
Data Protection Impact Assessment (DPIA)
A Data Protection Impact Assessment (DPIA) is a vital process for organizations that engage in processing personal data, especially when new projects or technologies may pose significant data protection risks. The DPIA helps organizations identify, assess, and mitigate risks to the rights and freedoms of data subjects before processing operations begin.
Conducting a DPIA involves analyzing the nature, scope, context, and purposes of the processing, as well as the types of personal data involved. Organizations must evaluate the potential impact on data subjects, considering factors such as the sensitivity of the data and the likelihood of unauthorized or unlawful processing. When a processing activity is likely to result in a high risk to individuals—such as large-scale processing of sensitive data or systematic monitoring—a DPIA is mandatory under GDPR requirements.
The Data Protection Officer (DPO) should be closely involved in the DPIA process, providing guidance on compliance and recommending appropriate safeguards. By thoroughly assessing and addressing data protection risks, organizations can ensure they implement effective measures to protect personal data and fulfill their obligations under the data protection regulation GDPR.
Privacy by Design
Privacy by Design is a foundational principle of GDPR, requiring organizations to embed data protection into every stage of their systems, processes, and products. Rather than treating data privacy as an afterthought, organizations must proactively consider how to protect personal data from the outset.
International Data Transfer
Transferring personal data outside the European Union is subject to strict requirements under GDPR to ensure that data subjects’ rights are protected, regardless of where their data is processed. Organizations must assess whether the destination country offers adequate data protection laws as recognized by the European Commission. If not, they must implement appropriate safeguards, such as Standard Contractual Clauses (SCCs), Binding Corporate Rules, or obtain explicit consent from data subjects before transferring personal data.
Risk assessments are essential before any international data transfer, helping organizations identify and address potential threats to data protection. For countries without adequate data protection laws, organizations must take additional steps to protect personal data, such as enhanced security measures and contractual obligations for data processors.
By following these requirements and maintaining appropriate safeguards, organizations can ensure that transferring personal data internationally does not compromise the privacy and security of EU residents, maintaining compliance with GDPR and upholding the highest standards of data protection.
What are the Penalties for Non-compliance with GBPR?
Any organization handling the data of an EU resident risks incurring massive financial and reputational damage for failing to comply with GDPR. Under the GDPR, regulators can impose penalties of up to €20 million or 4% of the firm’s annual global turnover. The fines will depend on the severity of breach (a minor breach vs a fundamental core principal violation like Data Subject Rights). On top of fines, businesses also face a big risk to their reputation and consumer trust.
How Data Loss Prevention (DLP) Supports GDPR Compliance
DLP is a collection of tools designed to avoid a data breach by monitoring real-time data traffic in and out of an organization. DLP reduces the chance of unintentional or intentional sabotage, as any attempt to leak some confidential information is blocked. DLP solutions are critical to data protection, enabling organizations to maintain effective enforcement of their policies around the security of company sensitive information making it a valuable asset for the strict GDPR handling and protection requirements.
DLP helps companies properly label and track personal data so that only people with authorized access can see or share it. It can also enforce data minimization and strict settings for the way personal data can be processed. Fidelis’ DLP Solution provides clear data flows, allowing organizations to investigate and manage risks related with storing or transferring the (for GDPR mandatory) information.
Moreover, DLP solutions also help with GDPR data breach notification. Most solutions monitor data and send alerts for any suspicious or potentially violating activities so the organization can take action quickly if a breach does occur. This speed of detection and response ability is crucial in the event that personal data is breached, as it allows an enterprise to be ready within 72 hours notification window required by GDPR compliance regulations.
In the end, DLP solutions form a critical part of any data security strategy that leans towards being proactive. DLP grants organizations visibility, control and protection over their data, allowing information to be safeguarded.
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Frequently Ask Questions
Does GDPR apply to the US?
GDPR is compulsory for organizations that fall under the scope of GDPR law. Hence if your organization is handling personal data of individuals located within the European Union (EU) then the law is applicable to the organization irrespective of the organization’s location.
Is consent always required for data processing under GDPR compliance regulations?
Consent is one legal basis for data processing, but GDPR also recognizes other bases, such as contract necessity and legitimate interest. However, consent must be freely given, specifically, and easily withdrawable when used.
Does GDPR apply to employee data as well as customer data?
Yes, GDPR applies to any personal data an organization collects and processes, including employee information.
