General Data Protection Regulation (GDPR)

Definition

The General Data Protection Regulation (GDPR) is a comprehensive data protection law in the European Union that came into effect on May 25, 2018, aiming to enhance individuals' control over their personal data. This regulation mandates organizations to protect the privacy and personal data of EU citizens and applies to any entity handling data of these individuals, regardless of location. It represents a significant shift toward stricter data privacy practices and emphasizes transparency, accountability, and user consent.

5 Must Know Facts For Your Next Test

1. GDPR imposes strict requirements for obtaining consent from individuals before processing their personal data, emphasizing that consent must be clear, informed, and freely given.
2. Organizations are required to appoint a Data Protection Officer (DPO) if they process large amounts of personal data or sensitive information.
3. Individuals have the right to access their personal data, request corrections, and even demand deletion under the right to be forgotten.
4. GDPR establishes heavy fines for non-compliance, which can reach up to €20 million or 4% of annual global turnover, whichever is higher.
5. The regulation encourages organizations to implement privacy by design and by default principles, ensuring data protection measures are integrated into business processes from the start.

Review Questions

• How does GDPR enhance individual control over personal data in comparison to previous data protection laws?
  • GDPR significantly enhances individual control by introducing rights such as access to personal data, the right to correct inaccurate data, and the right to request deletion of data. Unlike previous laws, GDPR emphasizes the necessity for clear consent prior to data processing and ensures that individuals are informed about how their data is used. This shift towards prioritizing user autonomy marks a transformative change in how personal data is managed.
• Evaluate the implications of GDPR for organizations that process personal data of EU citizens.
  • Organizations that process personal data of EU citizens must comply with stringent requirements set forth by GDPR, which include obtaining explicit consent for data collection and ensuring robust security measures are in place. Non-compliance can lead to severe financial penalties and damage to reputation. The regulation requires companies to reassess their data handling practices, adopt transparency measures, and possibly designate a Data Protection Officer to oversee compliance efforts.
• Synthesize how GDPR’s principles of 'privacy by design' and 'accountability' can influence future developments in global data protection standards.
  • GDPR's principles of 'privacy by design' and 'accountability' set a new benchmark for global data protection standards by mandating that organizations incorporate privacy considerations into their operations from the outset. As companies increasingly adopt these principles, there may be a ripple effect leading to more rigorous privacy frameworks worldwide. This could foster greater trust between consumers and businesses while pushing governments to enhance legal protections for personal data on a global scale.

Related terms

Data Subject: An individual whose personal data is processed by an organization or entity.

Personal Data: Any information relating to an identified or identifiable natural person, including names, email addresses, identification numbers, and more.

Data Controller: The person or organization that determines the purposes and means of processing personal data.