Introduction

In today’s digital world, the protection of personal data is crucial. The General Data Protection Regulation (GDPR), which came into force on May 25, 2018, is a significant step towards stronger data protection within the European Union (EU). In this article, we will examine the GDPR in depth, discuss its objectives, main provisions, impact on businesses and individuals, and the importance of complying with the regulation.

What is the GDPR?

The General Data Protection Regulation (GDPR) is a European Union regulation that governs the protection of personal data of EU citizens. It aims to harmonize data protection laws in the EU, strengthen the rights of data subjects and increase the accountability of companies that process personal data.

Objectives of the GDPR

The GDPR has several objectives:

• Harmonization of data protection laws: The creation of a single legal framework for all EU member states is intended to standardize data protection.
• Strengthening the rights of data subjects: The GDPR gives individuals more control over their personal data.
• Promoting accountability: Companies and organizations are encouraged to proactively consider and implement data protection principles.

Main provisions of the GDPR

Right to information and access

Individuals have the right to be informed about the processing of their personal data and to have access to this data.

Right to rectification

Data subjects have the right to have inaccurate personal data corrected.

Right to erasure (“right to be forgotten”)

In certain cases, individuals have the right to request the deletion of their personal data.

Right to restriction of processing

Data subjects may request the restriction of the processing of their data if certain conditions are met.

Right to data portability

Individuals have the right to receive their data in a structured, common and machine-readable format and to transfer it to another controller.

Right of objection

Data subjects have the right to object to the processing of their data at any time on grounds relating to their particular situation.

Automated decision making and profiling

The GDPR contains provisions to protect individuals from decisions based solely on automated processing, including profiling.

Effects on companies

Companies that process personal data of EU citizens must ensure that they comply with the GDPR. This affects not only companies within the EU, but also those outside the EU that process data of EU citizens. Requirements include:

• Data protection through technology design and data protection-friendly default settings: Companies must ensure that data protection is integrated into their products and services from the outset.
• Data protection impact assessment: Companies must carry out a data protection impact assessment for processing operations that pose a high risk to the rights and freedoms of natural persons.
• Appointment of a data protection officer: Companies must appoint a data protection officer in certain cases.
• Obligation to report data breaches: Companies must report data breaches to the competent data protection authority within 72 hours and, in certain cases, also inform the data subjects.

Sanctions

The GDPR provides for strict sanctions for violations. Companies can be fined up to €20 million or 4% of their annual global turnover, whichever is greater.

Importance of compliance with the GDPR

Compliance with the GDPR is not only a legal obligation, but can also strengthen the trust of customers and partners and minimize the risk of data breaches and the associated reputational and financial damage.

Conclusion

The General Data Protection Regulation is a milestone in data protection law in the European Union. It strengthens the rights of data subjects and increases the accountability of companies that process personal data. Compliance with the GDPR is crucial for all companies that work with personal data of EU citizens.