General Data Protection Regulation (GDPR)
The General Data Protection Regulation (GDPR) is a regulation in European Union (EU) law on data protection and privacy in the European Union and the European Economic Area (EEA). It also addresses the transfer of personal data outside the EU and EEA areas. GDPR is designed to harmonize data privacy laws across Europe, to protect and empower all EU citizens' data privacy and to reshape the way organizations across the region approach data privacy.
History and Development
- The GDPR was adopted on April 14, 2016, and after a two-year transition period, became enforceable on May 25, 2018.
- It replaces the Data Protection Directive of 1995, which was outdated in the face of technological advancements and globalization of data.
- The regulation was proposed in January 2012 by the European Commission, with the aim to provide greater protection for individuals' personal data and to streamline the regulatory environment for international business.
Key Provisions
- Data Portability: Individuals have the right to receive the personal data concerning them in a structured, commonly used, and machine-readable format and have the right to transmit those data to another controller without hindrance.
- Right to be Forgotten: Also known as the right to erasure, it allows individuals to request the deletion of personal data if there are no legitimate grounds for its retention.
- Data Breach Notification: Organizations must notify the supervisory authority of a data breach within 72 hours if it poses a risk to the rights and freedoms of individuals.
- Consent: Consent must be explicit, informed, and as easy to withdraw as it is to give.
- Data Protection by Design and by Default: Companies must implement technical and organizational measures to ensure that, by default, only personal data necessary for each specific purpose of the processing are processed.
Enforcement and Penalties
- National Data Protection Authorities (DPAs) in each EU member state monitor the application of the GDPR, with the power to issue fines for non-compliance.
- Penalties can be severe, with fines of up to €20 million or 4% of the company's global annual turnover of the previous financial year, whichever is higher.
Impact
- The GDPR has influenced data protection laws outside of Europe, with many countries and regions adopting similar regulations to ensure data flows with the EU remain unimpeded.
- It has led to increased awareness of data privacy issues among businesses and individuals, prompting significant changes in how personal data is collected, processed, and stored.
External Links
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