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.
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. 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 data on behalf of the controller; Unlike the controller, 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. 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.
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. 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.
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. 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.
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 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.
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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 safeguards the data including carrying out Data Protection Impact Assessments (DPIAs) or appointing a Data Protection Officer (DPO) if required.
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. 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 supervisory authorities 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.
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.
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 firms’ global annual 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.
