An Overview of the General Data Protection Regulation (GDPR)
Introduction
The General Data Protection Regulation (GDPR) is a regulatory framework enacted by the European Union (EU) in 2018 to protect individuals’ personal data and privacy. Since it came into effect, the UK GDPR has significantly affected the way businesses collect, store, and process personal data. Our article helps you, as a business owner, understand the key aspects of the UK GDPR and its implications.
What is the UK GDPR?
The GDPR is a comprehensive data protection law which aims to provide individuals with more control over their personal data. It applies to all organisations that process the personal data of EU residents, regardless of location. The regulation seeks to harmonise data privacy laws across Europe, protect EU citizens’ data privacy, and redefine how organisations approach data privacy.
The Seven Principles of the UK GDPR
Organisations must adhere to several key principles of the GDPR when processing personal data:
1. Lawfulness, Fairness, and Transparency
Organisations must process personal data lawfully, fairly, and transparently, and ensure that data processing is based on a legitimate legal basis. The legal bases are consent, performance of a contract, legal obligation, legitimate interests, public task and vital interests. Individuals must be informed about how their data will be used.
2. Purpose Limitation
Personal data must be collected for specified, explicit, and legitimate purposes and not further processed in a manner incompatible with those purposes.
3. Data Minimisation
Organisations should collect only the personal data that is necessary for the purposes for which it is processed.
4. Accuracy
Personal data must be accurate and, where necessary, kept up to date. Inaccurate data should be corrected or deleted without delay.
5. Storage Limitation
Personal data should be kept in a form that permits identification of individuals for no longer than necessary for the purposes for which the data is processed.
6. Integrity and Confidentiality
Organisations must process personal data in a manner that ensures appropriate security, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage.
7. Accountability
Organisations are responsible for and must be able to demonstrate compliance with the principles of the GDPR.
Data Subjects’ Rights Under the GDPR
The GDPR grants individuals several rights regarding their personal data. Businesses must understand and facilitate these rights to comply with the regulation:
1. Right to Be Informed
Individuals have the right to know how their personal data is collected and used, and how they can exercise their rights. This is typically achieved through a privacy notice.
2. Right of Access
Individuals can request access to their personal data and obtain information about how it is being processed.
3. Right to Rectification
Individuals can request corrections to inaccurate or incomplete personal data.
4. Right to Erasure
This right allows individuals to request the deletion of their personal data under certain conditions. This is also known as the “right to be forgotten.”
5. Right to Restrict Processing
Under specific circumstances, individuals can request processing of their personal data to be restricted or suppressed.
6. Right to Data Portability
Individuals can obtain and reuse their personal data for their own purposes across different services.
7. Right to Object
Individuals can object to the processing of their personal data based on legitimate interests, direct marketing, or research purposes.
8. Rights Related to Automated Decision-Making and Profiling
Individuals are protected against the risk of potentially damaging decisions made without human involvement.
Implications for Businesses
Achieving GDPR compliance requires significant effort and changes in how businesses handle personal data. Here are some critical implications that you should be aware of:
1. Record-Keeping
Organisations must maintain detailed records of data processing activities, including the purposes of processing, data categories, and data recipients.
2. Data Privacy Impact Assessments (DPIAs)
Businesses must conduct DPIAs for data processing activities where there is high risk of impacting individuals’ rights and freedoms.
3. Data Protection Officer (DPO)
Organisations that process large amounts of personal data, engage in systematic monitoring, or process special categories of data must appoint a Data Protection Officer (DPO) to oversee GDPR compliance. This can be outsourced to us through our DPO as a Service offering.
4. Data Breach Notification
In the event of a data breach, businesses must notify the regulator within 72 hours and inform affected individuals, if the breach poses a high risk to their rights and freedoms.
5. International Data Transfers
Businesses transferring personal data outside of the EU must ensure that appropriate safeguards are in place to protect the data, such as an IDTA or binding corporate rule.
6. Third-Party Contracts
Organisations must ensure that contracts with third-party processors include specific GDPR-compliant terms to safeguard personal data.
Consequences of Non-Compliance
There are heavy penalties for non-compliance with the GDPR. Businesses can face fines of up to £20 million or 4% of the organisation’s total global turnover, whichever is the greater. These penalties emphasise the importance of adhering to GDPR requirements.
The greater concern is the legal profession. There is recognition that compensation is payable and the lawyers have been quick to capitalise on this.
Achieving GDPR Compliance for Your Business
Businesses should take the following steps to achieve and maintain GDPR compliance:
- Understand the GDPR: Familiarise yourself with the requirements of the regulation and how they apply to your organisation.
- Appoint a DPO: If necessary, designate a DPO to oversee data protection activities. The DPO also serves as a point of contact for data subjects and supervisory authorities.
- Conduct a Data Audit: Identify and document the personal data you process, the purposes of processing, and the legal bases for processing.
- Update Privacy Policies: Ensure that your privacy policies and notices are transparent and provide individuals with the necessary information about their rights.
- Perform DPIAs: Carry out DPIAs for high-risk data processing activities to identify and mitigate potential risks.
- Review Third-Party Contracts: Ensure that contracts with data processors include terms and conditions which are GDPR-compliant.
- Implement Data Protection Measures: Adopt appropriate technical and organisational measures to secure personal data and prevent breaches.
- Train Employees: Educate staff members on GDPR requirements and their roles in ensuring compliance.
- Monitor Compliance: Regularly review and update your data protection practices to ensure ongoing compliance with the GDPR.
Conclusion
The GDPR represents a dynamic shift in data protection and privacy standards. As a business owner, you must comply with the regulations. Not only is it a legal requirement, but it demonstrates your commitment to data protection and helps develop trust with your customers. Our article outlined the guidelines you can follow to navigate the challenges of the GDPR and ensure that your organisation maintains ongoing compliance in a continuously evolving data-driven world.
Contact us today to discuss how we can help you meet the requirements of the GDPR and stay compliant with the regulation.
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