A regulation in EU law governing data protection and privacy in the European Union and the European Economic Area is known as the General Data Protection Regulation. The GDPR is a crucial part of EU privacy law and human rights law, particularly Article 8 of the European Union's Charter of Fundamental Rights.
In an increasingly digital world, data protection has become a critical concern for individuals and organisations alike. The General Data Protection Regulation (GDPR) is a comprehensive data protection law that was introduced by the European Union (EU) to safeguard the privacy and personal data of EU citizens. It came into effect on May 25, 2018, and has had a significant impact on businesses worldwide. In this blog, we will explore what it means to be GDPR compliant, provide an overview of the GDPR, discuss its terminology, assess its applicability to organizations, outline data subject rights, and present an 11-step GDPR compliance checklist along with how OneTrust can assist with GDPR compliance.
What does it mean to be GDPR compliant?
Being GDPR compliant means that an organization adheres to the rules and principles outlined in the General Data Protection Regulation. This includes adopting practices that ensure the lawful, fair, and transparent processing of personal data, providing data subjects with specific rights concerning their data, implementing technical and organizational measures to protect data, and appointing a Data Protection Officer (DPO) if required.
Overview of the GDPR:
The GDPR is a comprehensive data protection regulation that supersedes the Data Protection Directive of 1995. It applies to all EU member states and extends to organizations outside the EU that process the personal data of EU citizens. The regulation sets out specific rules and principles for the collection, processing, and storage of personal data, aiming to enhance data protection and privacy rights for individuals.
GDPR Terminology:
- Data Controller: The entity that determines the purposes and means of processing personal data.
- Data Processor: The entity that processes personal data on behalf of the data controller.
- Data Subject: An individual whose personal data is being processed.
- Personal Data: Any information relating to an identified or identifiable individual.
- Data Processing: Any operation performed on personal data, such as collection, storage, alteration, retrieval, or erasure.
Does the GDPR apply to your organisation?
The GDPR applies to organisations that process personal data of EU citizens, regardless of where the organization is based. It applies to both data controllers and data processors, encompassing all sectors and industries. The regulation is not limited to large corporations but includes small and medium-sized enterprises (SMEs) as well.
Does the GDPR apply to US companies?
Yes, the GDPR applies to US companies that process the personal data of EU citizens. If a US company offers goods or services to individuals in the EU or monitors their behavior, it falls within the scope of the GDPR and must comply with its requirements.
What are the GDPR data subject rights?
The GDPR grants several rights to data subjects, including the right to access their data, the right to rectify inaccurate data, the right to erasure (also known as the right to be forgotten), the right to restrict processing, the right to data portability, and the right to object to certain types of processing.
11 Step GDPR Compliance Checklist:
- Awareness and Understanding: Ensure that key stakeholders in the organization are aware of the GDPR’s requirements and understand its implications.
- Data Mapping and Inventory: Identify and document all personal data processing activities, including the types of data collected, the purposes of processing, and any third-party recipients.
- Lawful Basis for Processing: Determine the lawful basis for processing personal data, such as consent, contractual necessity, legal obligation, vital interests, or legitimate interests.
- Consent Management: Review and update consent mechanisms to meet GDPR standards, ensuring that individuals provide informed and explicit consent for data processing.
- Data Subject Rights: Implement processes to facilitate data subject rights, such as data access requests and erasure requests.
- Data Protection Impact Assessment (DPIA): Conduct DPIAs for high-risk data processing activities, evaluating and mitigating potential privacy risks.
- Privacy by Design and Default: Integrate data protection measures into all stages of the data processing lifecycle and ensure that privacy settings are set to the highest level by default.
- Data Breach Response Plan: Establish a data breach response plan that outlines procedures for detecting, assessing, and reporting data breaches to supervisory authorities and affected individuals.
- Data Transfer Mechanisms: If data is transferred outside the EU, implement appropriate data transfer mechanisms, such as Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs).
- Data Processing Agreements: Enter into written contracts with data processors that outline specific obligations and responsibilities regarding data processing.
- Data Protection Officer (DPO): Appoint a Data Protection Officer if your organization’s core activities involve large-scale data processing or if you process sensitive data on a large scale.
How OneTrust Helps with GDPR Compliance:
OneTrust is a comprehensive privacy management software platform that helps organizations achieve and maintain GDPR compliance. It offers tools for data mapping, consent management, data subject rights requests, DPIA automation, data breach response planning, and much more. OneTrust streamlines GDPR compliance efforts, ensuring that organizations can meet their regulatory obligations effectively.
Conclusion
The GDPR is a landmark regulation that places the protection of personal data at the forefront of data processing activities. Compliance with the GDPR is essential for organizations that process the personal data of EU citizens, regardless of their geographic location. By adhering to the principles and requirements of the GDPR, organizations can build trust with their customers, demonstrate their commitment to data privacy, and avoid significant penalties for non-compliance. Utilizing a comprehensive privacy management platform like OneTrust can further streamline the compliance process and enhance data protection practices, safeguarding both individual privacy rights and the organization’s reputation.
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