Legal Method and Writing

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GDPR

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Legal Method and Writing

Definition

GDPR stands for the General Data Protection Regulation, a comprehensive data privacy law that was enacted in the European Union in May 2018. It aims to enhance individuals' control over their personal data and streamline regulations for international businesses by establishing clear guidelines for data protection and privacy rights.

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5 Must Know Facts For Your Next Test

  1. GDPR applies to all organizations that handle personal data of EU citizens, regardless of where the organization is based.
  2. Individuals have enhanced rights under GDPR, including the right to access their data, the right to rectification, and the right to erasure, often referred to as the 'right to be forgotten.'
  3. Organizations must obtain clear and affirmative consent from individuals before processing their personal data, making it illegal to use pre-ticked boxes or opt-out methods.
  4. Fines for non-compliance with GDPR can reach up to €20 million or 4% of a company’s global annual revenue, whichever is higher.
  5. GDPR emphasizes the importance of data protection by design and by default, requiring organizations to implement appropriate technical and organizational measures to protect personal data.

Review Questions

  • How does GDPR enhance individuals' control over their personal data compared to previous regulations?
    • GDPR enhances individuals' control by granting them specific rights regarding their personal data that were not as clearly defined before. These rights include the ability to access their data, request corrections, and demand deletion under certain circumstances. By requiring explicit consent for data processing and allowing individuals to easily withdraw consent, GDPR significantly empowers users in managing their personal information.
  • Discuss the responsibilities of organizations under GDPR and the potential consequences of non-compliance.
    • Organizations are responsible for obtaining explicit consent from individuals before processing their personal data and must provide transparency about how that data will be used. They are also required to implement security measures to protect this data and designate a Data Protection Officer if needed. Non-compliance can result in severe fines, reaching up to €20 million or 4% of global annual revenue, alongside potential reputational damage.
  • Evaluate how GDPR impacts international businesses that deal with EU citizens' personal data and what strategies they might adopt for compliance.
    • GDPR requires international businesses to adjust their data handling practices significantly if they deal with EU citizens' personal information. This could involve implementing new systems for obtaining consent, revising privacy policies, and conducting regular audits to ensure compliance. Companies might also adopt strategies such as appointing Data Protection Officers, investing in training for employees on data protection practices, and employing technology solutions designed for GDPR compliance to minimize risk.

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