What does GDPR mean and how is it implemented?

1. What is GDPR?

GDPR (General Data Protection Regulation) is a set of rules designed to give EU citizens greater control over how their personal data is collected, used, and distributed. It requires organizations to ensure the protection of personal data, maintain transparency in its use, and respect individuals’ rights.

GDPR applies to all organizations that process personal data of EU citizens, regardless of the company’s geographical location. This means even companies outside the EU that handle data of individuals within the Union must comply with the regulation.

Personal data includes information such as names, email addresses, physical addresses, financial data, phone numbers, as well as sensitive data like medical records, ethnicity, religion, or political affiliation data.

2. Key GDPR requirements

GDPR introduces several requirements for organizations on how personal data is collected, processed, and protected. Some of the most important provisions include:

• Explicit Consent: Companies must obtain clear and explicit consent from individuals before collecting and processing their personal data. Consent cannot be implicit and must be revocable at any time.
• Right of Access and Portability: Individuals have the right to access the personal data collected about them and request a copy in a usable and easily readable format. They can also request the transfer of their data to another organization.
• Right to Be Forgotten: Individuals can request the complete deletion of their personal data from an organization’s database, provided there are no legal obligations to retain it.
• Breach Notification: Organizations are required to notify the relevant authorities and affected individuals within 72 hours of discovering a security breach that compromises personal data.

Data Protection Officer (DPO): Organizations processing large volumes of personal data must appoint a DPO to ensure GDPR compliance.

3. How is GDPR implemented?

Implementing GDPR is not a simple process. Organizations must follow a clear set of steps to ensure compliance with the regulations. Here are some essential stages for GDPR implementation:

– Initial data audit

The first step is conducting a comprehensive audit of the data collected and processed by the organization. This audit should answer the following questions:

• What data is being collected?
• Where does this data come from?
• How is the data stored and processed?
• Who has access to this data?

The initial audit helps identify risks and potential security vulnerabilities, forming a foundation for GDPR compliance.

– Obtaining consent

Organizations must reassess how they obtain consent for processing personal data. Privacy policies and forms must be updated to be clear and accessible, giving users the option to grant or withdraw consent transparently.

Real-life example: In 2018, following GDPR implementation, many online companies, including Facebook and Google, revised their privacy policies and introduced clear notifications about how user data is collected and used, providing detailed consent options.

– Enhancing data security

Another critical aspect of GDPR implementation is ensuring the security of personal data. Organizations must adopt adequate security measures to protect data from unauthorized access, loss, or destruction. Measures may include:

• Encrypting sensitive data;
• Implementing firewalls and intrusion prevention systems;
• Restricting access to personal data to authorized personnel only;
• Regularly backing up data and having clear recovery procedures.

Real-life example: In 2020, a German insurance company was fined €1.3 million for a security breach that compromised thousands of clients’ data. The investigation revealed inadequate security measures, leading to penalties under GDPR.

– Employee training

Educating employees about best practices for data protection is another essential component of GDPR implementation. Employees must understand the importance of protecting personal data and be trained to follow internal security procedures.

– Appointing a data protection officer (DPO)

For organizations handling large volumes of personal data, appointing a DPO is crucial. The DPO’s responsibilities include monitoring GDPR compliance, providing internal consultancy, and acting as a point of contact between the organization and regulatory authorities.

– Continuous monitoring and updates

Compliance with GDPR is not a one-time action but an ongoing process. Organizations must constantly monitor how they manage data and update their policies and practices to reflect any legislative changes or requirements from data protection authorities.

4. Real-life examples of GDPR implementation

• British Airways (2018): After a security breach exposed personal and financial data of customers, British Airways was fined £20 million for GDPR violations. This highlighted the importance of robust cybersecurity measures for protecting personal data.
• H&M (2020): Retail giant H&M was fined €35 million for unauthorized and detailed monitoring of its employees. The case demonstrated the severity of GDPR’s stance on personal data abuse in an employment context.