The European Data Privacy Legal Framework

General Data Protection Regulation (GDPR) Definition

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What is the General Data Protection Regulation (GDPR)?

It is an EU regulation that governs information privacy in the European Economic Area (EEA) member states. Its goal is to empower individuals’ control over their personal information. GDPR ensures comprehensive protection of personal information. In combination with the European Accessibility Act, GDPR regulations are key pillars of the EU’s push to promote fair use of data, digital inclusivity, and safeguard individual rights. Non-compliance can lead to significant financial penalties for all organizations, including small businesses, that process data that belongs to EU residents.

What do I need to know about GDPR compliance?

With clear principles such as lawfulness, fairness, transparency, data minimization, accuracy, and accountability, the General Data Protection Regulation requires organizations to handle personal data responsibly. Its key provisions include the necessity of obtaining explicit consent, and the right of individuals to access, rectify, or delete their data. Organizations are prohibited from keeping personal data longer than necessary and must erase or anonymize it when no longer needed. GDPR requirements are mandatory for:

  • EU-based entities that handle personal data, regardless of where the actual data processing occurs, inside or outside of the EU borders. 
  • Organizations outside the EU that provide solutions to individuals within the EU, or track and analyze the behavior of EU citizens. This provision gives GDPR regulations their global character, similar to the EN 301 549 accessibility standard.  
  • Data controllers and processors are also bound by GDPR when the data subjects are located within the EU, no matter where the processing takes place.

The jurisdiction of the General Data Protection Regulation is determined both by whether data processing is carried out within the EU borders and whether organizations target individuals residing in the European Union.

Crucial Focus Areas

  • Lawfulness, fairness & transparency

    GDPR states that personal data must be processed lawfully, fairly, and transparently. This means that organizations must have a legitimate legal basis for collecting and using personal data, while clearly communicating how the data will be used.

  • Purpose Limitation

    According to the General Data Protection Regulation definition, organizations can collect and process only personal data that is deemed legitimate and relevant to specified purposes. This ensures that data is used only for the reasons for which it was originally gathered.

  • Data Minimization

    Only the minimum amount of data that is necessary for the stated purpose should be collected and processed to ensure a strict focus that prevents excessive data gathering and handling of otherwise irrelevant personal information.

The value of the General Data Protection Regulation (GDPR)

  • 01

    Protect privacy, build trust

    GDPR compliance demonstrates responsibility in handling personal data, building trust with customers that leads to greater brand loyalty and improved business reputation.

  • 02

    Ensures competitive advantage

    Organizations that adhere to GDPR requirements can gain an edge in the EU’s highly competitive market, where focusing on confidentiality appeals to a highly sensitive, privacy-conscious customer base.

  • 03

    Improved data management

    As stated in our GDPR overview, the crucial data minimization components push businesses to streamline their data collection and handling, improve data quality, and promote greater operational efficiency through automated tools and VPAT accessibility.

Frequently
Asked
Questions

What are the main principles of the General Data Protection Regulation? 

While laws governing online environments and digital technologies undergo periodic reevaluations and revisions, the EU’s GDPR regulations are built around seven principles that guide personal data collection and processing, including:

  • Lawfulness, fairness, and transparency
  • Purpose limitation
  • Data minimization
  • Accuracy
  • Storage limitation
  • Integrity & confidentiality
  • Accountability

What are the penalties for GDPR violations? 

Failing to ensure GDPR compliance carries a significant risk of substantial financial penalties and bans on data processing for organizations operating within the EU single market. The financial fines are tiered depending on the severity of the breach into:

  • Less serious violations that can result in fines up to €10 million, or 2% of the company’s annual global turnover from the previous financial year (whichever is higher). These usually apply to administrative failures related to GDPR, like poor record-keeping of processing activities.
  • Severe breaches carry penalties of up to €20 million, or 4% of annual global turnover (again targeting the higher figure). Higher-level penalties are usually imposed for failure to comply with core GDPR requirements, like failure to obtain consent, mishandling of data, or infringement of data subject rights.

What are the General Data Protection Regulation consent requirements? 

The General Data Protection Regulation definition sets strict standards for consent, requiring it to be freely given, specific, informed, and unambiguous. Individuals must be given the choice to opt in or out through a clear action, like clicking an agreement box. Consent must be requested in plain and understandable language. The purpose for processing must be clearly stated, and individuals have to be given the option of making an informed choice and withdrawing consent at any time without any difficulties. In case of sensitive data categories, like medical information, the law demands explicit and clearly documented consent.

How is GDPR compliance monitored? 

General Data Protection Regulation compliance is monitored by independent supervisory authorities in each EU member state. These regulators are usually referred to as Data Protection Authorities that investigate individual complaints, carry out audits and inspections, and provide guidance to help organizations meet GDPR regulations. These national regulators collaborate through the European Data Protection Board to ensure consistent enforcement across borders.

Who can help me ensure compliance with GDPR requirements? 

If you want to make sure that your operation won’t suffer from negative word-of-mouth campaigns, or worse, costly legal challenges and hefty financial penalties, includeUs is the team to call. Whether you’re a fintech institution, retail company, healthcare provider, SaaS company, or data analytics firm, our compliance experts will help you remain within the lawful data processing framework and prevent misuse of personal data.

To build trust in our digital services, ensure transparency, fair use, and respect for individual rights, schedule your free consultation with our professionals. Get in touch with us today!