The General Data Protection Regulation (GDPR) is a central EU law that enforces critical data protection and appropriate security measures to ensure safe data collection, storage, and transport. One of the most well-known data protection obligations, it encompasses businesses of any industry or scale and is a critical regulatory framework to understand or any kind of data processing.
Let’s dive into the details of this highly enforceable, auditable regulatory framework to ensure your business safely handles personal data and meets GDPR requirements hassle-free.
Territorial Scope: European Union And Extraterritorial Reach
The GDPR applies to all organisations operating within the European Union (EU), requiring them to follow strict rules for processing personal data. It also extends beyond the EU, meaning businesses outside the region must comply if they offer goods or services to, or monitor the behaviour of, individuals in the EU.
This broad reach ensures that personal data protection is upheld regardless of where the organisation is based, and customer data is safely managed to a fair standard by businesses of all kinds.
Data protection authorities have the right to enforce this, leading to hefty fines and legal repercussions if neglected.
Key Definitions: Data Subject And Data Processing
To ensure GDPR compliance is correctly achieved, it’s critical that businesses understand key definitions in relation to the regulation.. Here are some essential ones to know:
- Data subject refers to an individual whose personal data is being collected, held, or processed by an organisation. In many instances, this will refer to your customers and employees, who both place trust in you to safely and fairly process their data.
- Data processing refers to any operation performed on personal data, such as collecting, storing, using, or sharing it. Data processors must adhere to GDPR requirements by processing personal data only on documented instructions from data controllers, implementing appropriate technical and organisational measures to protect personal data, and assisting controllers in ensuring compliance with data protection obligations.
- Data controllers are organisations or people who determine the purposes and means of processing personal data.
- Data processors are third parties who process personal data on behalf of data controllers.
Data Protection Principles
Knowing the core data protection principles empowers your information security team to understand the basic principles of GDPR. Key elements of data protection principles include:
Purpose Limitation
Purpose limitation is a core principle of the GDPR that requires personal data to be collected for specified, explicit, and legitimate purposes only. This means that data should not be processed beyond the original purpose for which it was collected. Organisations must clearly define and communicate these purposes to data subjects in plain, clear language, ensuring transparency and trust in data processing activities.
Data Minimisation
Data minimisation requires organisations to collect and process only the personal data that is necessary and relevant for the specified purposes, avoiding excessive or irrelevant data collection.
Accountability Requirement
Accountability requirement refers to the obligation of data controllers and processors to demonstrate GDPR compliance by maintaining detailed documentation, implementing appropriate technical and organisational measures, and providing evidence of their adherence to data protection principles at all times.
Roles And Obligations: Data Protection Officer, Controllers, Processors
Here’s a simple table on roles and obligations:
| Role | When to Appoint | Key Responsibilities | Main Obligations |
|---|---|---|---|
| Data Protection Officer (DPO) | Required when: processing is carried out by a public authority; core activities involve regular and systematic monitoring of data subjects on a large scale; or core activities involve large-scale processing of special category data | Monitor GDPR compliance, advise on data protection obligations, act as a contact point for supervisory authorities and data subjects, and conduct data protection impact assessments | Must be independent, have expert knowledge of data protection law, and report directly to the highest management level |
| Controller | An entity that determines the purposes and means of processing personal data | Implement appropriate technical and organisational measures for data protection, ensure lawful processing, respond to data subject rights requests, and maintain records of processing activities | Demonstrate compliance with GDPR principles, implement data protection by design and default, notify breaches within 72 hours, and conduct DPIAs where required |
| Processor | An entity that processes personal data on behalf of the controller | Process data only on documented instructions from the controller, implement appropriate security measures, assist the controller with data subject rights requests and DPIAs | Maintain confidentiality, ensure staff are bound by confidentiality, engage sub-processors only with controller approval, notify the controller of any data breaches |
Data Subject Rights
It’s important to know the rights of your data subjects as much as it is your obligation to protect an individual’s personal data. Data subjects have several rights under GDPR, including:
- The right to access their personal data, allowing individuals to obtain confirmation as to whether their personal data is being processed and to receive a copy of that data.
- The right to have inaccurate data corrected promptly to ensure personal data is accurate and up to date.
- The right to request the erasure of personal data under certain circumstances, often referred to as the “right to be forgotten.”
- The right to restrict the processing of their personal data in specific situations, limiting how their data is used.
- The right to object to the processing of personal data based on legitimate interests or direct marketing purposes.
- The right to data portability, which enables data subjects to receive their personal data in a machine-readable format and transfer it to another service provider.
- The right to withdraw consent to personal data processing at any time, where processing is based on consent.
Therefore, data controllers and processors must:
- Facilitate data subjects’ effective exercise of these rights.
- Respond to data subject requests within specified timeframes, typically within one month of receipt.
Data Portability
The right to data portability allows individuals to receive their personal data in a machine-readable format. Organisations should implement mechanisms that enable easy transfer of this data to another service provider.
Exercising Data Subject Rights
Data controllers should provide clear, step-by-step procedures to handle data subject access requests and erasure requests efficiently. Also, establish a streamlined DSAR (Data Subject Access Request) intake process to manage and track these requests promptly and compliantly.
Law, Enforcement, and Penalties: Data Protection Law
Unlawful processing of data subject information can lead to hefty fines, penalties, and legal repercussions, which is why it’s so critical that you use personal data accurately and within the constraints of the legislation. Here are some key takeaways from the legal basis of the framework:
- Supervisory authorities oversee GDPR enforcement, provide guidance, handle complaints, and have the power to impose penalties for non-compliance.
- GDPR penalties are tiered, with fines reaching up to €20 million or 4% of global annual turnover, whichever is higher.
- Organisations should document all compliance efforts thoroughly to demonstrate GDPR compliance during audits or investigations.
Security and Data Breach Management: Data Breach and Data Privacy
To stay well within data protection laws and protect your business from a data breach, it’s critical to have actionable incident response steps in place. We recommend:
- Create an incident response plan for your security teams so that the risk window is as minimised as possible.
- Set a 72-hour breach notification rule
- Notify affected data subjects when required
Compliance Checklist: Implement GDPR Basic
Demonstrating GDPR compliance goes beyond just knowing the key principles of this framework. In fact, real compliance comes from proactive cybersecurity measures to safely process data.
Practical Tools And Next Steps
Here’s a practical tool and next steps table:
| Action | Purpose | Benefit |
|---|---|---|
| Draft GDPR-compliant privacy policy | Inform your data subjects how their data is collected, used, and protected | Demonstrates transparency and builds trust with users and customers |
| Prepare template DSAR forms | Standardise responses to data subject access requests | Ensures consistent, timely compliance with subject rights |
| Evaluate processors | Assess third-party vendors’ data protection practices | Reduces the risk of non-compliance through supply chain vulnerabilities. |
| Update data processing agreements (DPAs) | Formalise processor obligations and liability | Clarifies responsibilities and provides legal protection |
| Consider external Data Protection Officer (DPO) | Gain expert compliance oversight without a full-time hire | Cost-effective access to specialised expertise |
| Conduct penetration testing | Identify security vulnerabilities before attackers do | Proactively prevents data breaches, demonstrates due diligence, validates security measures, and fulfils the obligation to implement appropriate technical safeguards under GDPR |
| Consider external consultancy | Access comprehensive compliance support and guidance | Expert assistance with complex requirements, contractual obligations and implementation |
Maintain Ongoing Data Protection with OnSecurity
Scheduling regular compliance reviews and being proactive in reviewing your existing data protection strategies is essential in securing both customer trust and partner buy-in.
Achieve compliance and meet data privacy laws effortlessly with OnSecurity’s platform-led pentesting services.
