Key Takeaways

  • GDPR applies to any organization processing EU residents' data.
  • Lawful basis required for all data processing.
  • Data subjects have extensive rights (access, deletion, portability).
  • Breach notification required within 72 hours.
  • Privacy by design is mandatory, not optional.
  • Fines can reach 4% of global annual revenue.

1. What is GDPR?

The General Data Protection Regulation (GDPR) is the EU's comprehensive data protection law that took effect in May 2018. It applies to any organization processing personal data of EU residents, regardless of where the organization is located.

GDPR harmonized data protection across the EU and significantly increased penalties for non-compliance—up to €20 million or 4% of global annual revenue, whichever is higher.

2. Key Principles

PrincipleRequirement
Lawfulness, Fairness, TransparencyValid legal basis, fair processing, clear privacy notices
Purpose LimitationCollect for specified purposes only
Data MinimizationCollect only what's necessary
AccuracyKeep data accurate and up to date
Storage LimitationRetain only as long as necessary
Integrity & ConfidentialityAppropriate security measures
AccountabilityDemonstrate compliance

3. Lawful Basis for Processing

Consent Requirements

• Must be freely given (no bundling, power imbalance)
• Specific and granular for each purpose
• Informed with clear language
• Unambiguous affirmative action (no pre-ticked boxes)
• Easy to withdraw as to give

4. Data Subject Rights

RightDescriptionResponse Time
AccessObtain copy of their data1 month
RectificationCorrect inaccurate data1 month
Erasure"Right to be forgotten"1 month
RestrictionLimit processing1 month
PortabilityReceive data in machine-readable format1 month
ObjectObject to processing (e.g., marketing)1 month

5. Breach Notification

72-Hour Requirement

Personal data breaches must be reported to the supervisory authority within 72 hours of becoming aware. If likely to result in high risk to individuals, you must also notify affected individuals without undue delay.

# Breach notification requirements:
- To authority: within 72 hours
- To individuals: without undue delay (if high risk)
- Document all breaches (even if not reported)
- Include: nature, categories/numbers affected, 
  likely consequences, measures taken

6. Data Protection Impact Assessment

DPIA is required when processing is likely to result in high risk to individuals—especially for new technologies, profiling, large-scale processing of sensitive data.

7. Implementation Checklist

# GDPR Implementation Steps:
✅ Map personal data flows (what, where, why)
✅ Identify lawful bases for each processing activity
✅ Update privacy notices
✅ Implement consent mechanisms
✅ Establish data subject rights procedures
✅ Appoint DPO if required
✅ Implement data breach procedures
✅ Review contracts with processors
✅ Conduct DPIAs where required
✅ Train staff on data protection
✅ Document compliance measures
Privacy by Design

Build privacy into systems from the start—not as an afterthought. Consider data protection at every stage of product/service development. This is now a legal requirement under GDPR, not just best practice.

8. Frequently Asked Questions

Does GDPR apply to us if we're not in the EU?
Yes, if you process personal data of EU residents—whether offering goods/services to them or monitoring their behavior. This gives GDPR global reach. Many non-EU organizations must comply.
Do we need a Data Protection Officer?
Required if you're a public authority, your core activities involve large-scale systematic monitoring, or large-scale processing of special categories of data. Even if not required, having one is good practice.

Conclusion

GDPR compliance requires understanding the principles, establishing lawful bases, respecting data subject rights, and implementing appropriate technical and organizational measures. It's an ongoing commitment, not a one-time project. Start with data mapping, prioritize high-risk processing, and build privacy into your operations.

Continue Learning:
Data Breach Response Online Privacy