10+ Key GDPR Requirements: General Data Protection Regulation

Data tells stories, builds businesses, and connects people; but it also needs protecting. That’s where General Data Protection Regulation (GDPR) steps in, setting the rules to treat personal data with care, not carelessness. Be it for a growing startup or a global name, if you handle European Union (EU) data, this law speaks to you. In this blog, we will break down the GDPR Requirements in a way that’s simple, smart, and anything but boring. So, let’s dive in.

Table of Contents

1) What are GDPR Requirements?

2) GDPR Requirements: Individual Rights

3) When can GDPR be Broken?

4) Conclusion

What are GDPR Requirements?

Implemented by the European Union (EU), the General Data Protection Regulation (GDPR) sets forth comprehensive guidelines for data privacy. The Benefits of GDPR include safeguarding privacy rights, which include access, correction, and erasure of personal data. Accordingly, the GDPR Requirements are divided into two areas. The first one is based on the key principles of GDPR and the second one is about individual rights. Let’s explore them in detail:

1) Lawfulness, Fairness, and Transparency

The core GDPR requirements are lawfulness, fairness, and transparency. Lawfulness means having a legal reason to collect or use personal data. Fairness means handling people’s data honestly and without bias. Transparency involves being open and clear about how data is processed. Understanding GDPR roles is essential in applying these principles effectively, as they help build trust and safeguard privacy rights.

2) Limitation of Purpose

This rule means organisations can only collect and use personal data for clear, legal reasons. They must explain why they need the data and only use it for that purpose. This helps protect people’s privacy and ensures their data isn’t used in unexpected ways.

3) Data Minimisation

Businesses should only collect the personal data they truly need. The data must be relevant enough to do the job, but not more than necessary. This helps reduce the risk of unnecessary data collection and protects privacy.

4) Accuracy

Personal data must be correct and up to date. Organisations need to check that their data is accurate, complete, and not misleading. If there are mistakes, they should be fixed or removed as soon as possible.

5) Storage Limitation

Personal data should only be kept for as long as needed. Once the reason for collecting the data is finished, it should be deleted. This prevents unnecessary storage and reduces the risk of data misuse.

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6) Consent

Consent means a person has clearly agreed to share their data. This agreement must be specific, informed, and freely given, usually by clicking a button or ticking a box. Consent is one of the legal ways to process data, but it should only be used when truly appropriate.

7) Personal Data Breaches

A GDPR Data Breach happens when personal data is lost, accessed without permission, or used wrongly. This can occur during storage, sharing, or processing. It’s a serious issue, and organisations must take steps to prevent and respond to breaches.

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8) Privacy by Design

Privacy by design means considering data protection from the very start of creating a product or service. It includes using rules like data minimisation and strong security to protect personal information. This approach ensures privacy isn’t an afterthought.

It’s is a crucial requirement to know Why is GDPR Importantand why organisations incorporate privacy and Data Protection into products, services, and systems from the beginning.

9) Data Protection Impact Assessment (DPIAs)

A DPIA is used to check if certain data processing activities could harm people’s privacy. It’s needed when dealing with sensitive data, new technologies (like facial recognition), or large amounts of personal data. It helps spot and reduce risks early.

10) Data Transfers

Personal data must still be protected when sent outside the EU or UK. Companies must follow rules like using Standard Contractual Clauses or getting consent. They should also check that the country receiving the data has strong data protection laws.

11) Cooperation with Supervisory Authorities

Organisations must work with data protection regulators. This means answering questions, sharing documents, and reporting data breaches within 72 hours. Performing a GDPR Risk Assessment beforehand can support this process by identifying compliance gaps. Being open and cooperative helps show the company is serious about protecting personal data and following GDPR rules.

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GDPR Requirements: Individual Rights

The European Union made it clear through the GDPR that people living in the EU should have strong rights to protect their data. The GDPR lists eight key rights, each with rules to help organisations stay compliant and ensure data privacy.

1) Right to be Informed

a) This is the foundation of GDPR. It ensures people know how their data is collected and used.

b) If a company collects your data directly or gets it from another source, you must be told who the source is.

c) You should also be informed about the purpose of collecting the data, who is responsible, and how to contact them.

This information should be given either at the time of collection or within one month. It must also be easy to find, such as on a website.

2) Right to Access

a) People have the right to ask for a copy of their personal data.

b) This includes knowing if their data is being used, what is being held, why it’s being used, how long it will be kept, and how to complain.

c) The request can be made in any form, be it verbally, in writing or even on social media.

d) Companies must reply within one month and cannot usually charge a fee.

3) Right to Rectification

a) If someone believes their personal data is wrong, they can ask for it to be corrected.

b) The company must look into the request and make changes if needed.

c) The more important the data is, the more careful the company needs to check it.

d) While checking, they should avoid using the data if possible.

If the company believes the data is correct, it must explain why and tell the person how to appeal.

4) Right to Erasure

a) Also known as the “right to be forgotten,” people can ask for their data to be deleted.

b) This may happen if the data is no longer needed or if the person withdraws consent.

c) However, data may not be erased if needed for legal reasons or work done in the public interest.

d) Requests can be made in any format, and companies must respond within a month.

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5) Right to Restrict Processing

a) In some situations, people can ask that their data be used only in specific ways.

b) Companies must set up systems that allow them to mark or separate data that shouldn’t be processed.

c) If the data has been shared with others, they must also follow the same restrictions.

d) If the company refuses the request, they must explain why and inform the person how to appeal.

6) Right to Data Portability

a) This right allows people to move their data from one service to another.

b) For instance, switching between banks or mobile providers.

c) The data must be given in a format that can be reused elsewhere.

d) This includes things like name, email, and even website activity history.

e) Their consent is also needed if the data includes someone else’s personal details (like in a joint account).

7) Right to Object

a) People can object to the use of their data, especially for marketing.

b) The request doesn’t need to follow a specific format and can be made in any way.

c) Staff in customer-facing roles should know how to handle such requests.

d) Sometimes, people may only object to certain uses of their data.

e) For instance, they might not want phone calls but are okay with emails.

f) In some cases, organisations can continue using the data if they have a strong legal reason.

8) Rights Related to Automated Decision-making, Including Profiling

a) Automated decision-making means decisions made by a system without human involvement.

b) Profiling uses personal data to analyse or predict behaviour, such as spending habits.

c) GDPR allows these actions only in specific cases: if they’re necessary for a contract, required by law, or if the person gives clear consent.

d) Even then, the organisation must explain the process, allow the person to ask for a human review, and regularly check the system’s accuracy.

When can GDPR be Broken?

Situations Where GDPR May Not Apply are:

1) Non-EU entities without EU data processing activities.

2) Personal or household activities such as maintaining a personal address book or using social media for private purposes.

3) Law enforcement and national security.

4) Anonymised data.

5) Certain journalistic, academic, artistic, and literary purposes.

What is GDPR Required by Law?

The General Data Protection Regulation (GDPR) is a law protecting people’s data privacy and security. Knowing who does GDPR apply to is important, as it covers businesses in the European Economic Area (EEA) and certain companies outside the EEA if they handle the data of individuals living there.

Conclusion

Understanding the key GDPR Requirements as outlined in this blog is essential for protecting personal data and staying compliant. By following these rules, you can avoid penalties and build trust with your customers. Additionally, using a GDPR Privacy Policy Template will make the process of developing a compliant privacy policy simpler and more structured.

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