The General Data Protection Regulation (GDPR) is the European Union’s core digital privacy law, requiring any organization that collects or processes EU residents’ personal data to obtain lawful consent, limit data use, and report breaches within 72 hours.
GDPR is an EU regulation that applies to any organization, inside or outside the EU, that processes EU residents’ personal data. It requires lawful and transparent processing, data minimization, documented consent, a 72-hour breach notification window, and a Data Protection Officer for organizations handling significant volumes of personal data.
Key Takeaways
- GDPR applies to any company that collects or processes EU residents’ data, regardless of where that company is headquartered.
- Non-EU companies in scope must appoint a GDPR representative and remain liable for fines and sanctions.
- Organizations must report a personal data breach within 72 hours of identifying it, based on severity and regulatory requirements.
- GDPR requires Privacy by Design, meaning data protection must be built into new systems and processes from the start, not added afterward.
- A Data Protection Officer is required when an organization carries out significant personal data processing.
What are GDPR’s critical requirements?
- Lawful, fair, and transparent processing of personal data.
- Limitation of purpose, data, and storage: collect only what is necessary and discard it once processing is complete.
- Data subject rights: individuals can ask what data an organization holds on them and how it will be used.
- Consent: organizations must obtain consent for processing beyond legitimate purposes, and individuals can withdraw it at any time.
- Personal data breach notification within 72 hours of identifying a breach, based on severity and regulatory requirements.
- Privacy by Design: build organizational and technical safeguards into new systems and processes from the outset.
- Data Protection Impact Assessment: conduct one when starting a new project, change, or product that affects personal data.
- Data transfers: ensure GDPR protections travel with the data even when a third party processes it.
- Data Protection Officer: assign one when an organization carries out significant personal data processing.
- Awareness and training: build employee understanding of GDPR’s core requirements.
What does GDPR compliance look like in the cloud?
- Know where your Cloud Service Provider stores and processes data.
- Confirm which CSPs and cloud apps meet your organization’s security standards, and take adequate measures against loss, alteration, or unauthorized processing.
- Maintain a data processing agreement with every CSP and cloud application in use.
- Collect only the data you need, and limit further processing accordingly.
- Confirm the data processing agreement is honored, and that personal data is not repurposed by the CSP or cloud app.
- Ensure your organization can erase data on request across every data source held by the CSP.
How Encryption Consulting Helps
Encryption Consulting’s Compliance Advisory Services and Cloud Data Protection Services help organizations encrypt personal data at rest and in transit, document data processing agreements, and build the technical controls GDPR’s Privacy by Design principle requires. Backed by ISO/IEC 27001:2022 and SOC 2 certified practices.
Frequently Asked Questions
Does GDPR apply outside the European Union?
Yes. GDPR applies to any organization, regardless of location, that collects or processes personal data belonging to EU residents. Non-EU companies in scope must appoint a GDPR representative and remain liable for the same fines and sanctions as an EU-based company.
How quickly must a data breach be reported under GDPR?
Organizations must notify the relevant supervisory authority of a personal data breach within 72 hours of becoming aware of it, based on the severity of the breach and applicable regulatory requirements.
What is Privacy by Design under GDPR?
Privacy by Design requires organizations to build data protection measures, both organizational and technical, into new systems and processes from the very start of design, rather than adding privacy controls after a system is already built.
When is a Data Protection Officer required?
GDPR requires a Data Protection Officer when an organization engages in significant personal data processing, such as large-scale monitoring of individuals or processing of special category data as a core business activity.
Build GDPR Compliance Into Your Data Strategy
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Encryption Consulting helps you encrypt personal data, document data processing agreements, and build Privacy by Design into new systems from day one. Simplify your compliance path with Compliance Advisory Services.