General Data Protection Regulation
The General Data Protection Regulation (GDPR) is a regulation in European Union law on data protection and privacy for all individuals within the EU and the European Economic Area (EEA). It also addresses the transfer of personal data outside the EU and EEA areas. Here is detailed information about GDPR:
History and Development
- GDPR was adopted by the European Parliament in April 2016 and became enforceable from May 25, 2018, after a two-year transition period.
- The regulation replaced the Data Protection Directive (Directive 95/46/EC) which had been in place since 1995. The need for an update was driven by the rapid technological advancements, the increase in online services, and the growing importance of data protection.
- It aims to harmonize data protection laws across Europe, to protect and empower all EU citizens' data privacy, and to reshape the way organizations approach data privacy.
Main Provisions
- Expanded Rights for Individuals: GDPR grants EU residents several rights concerning their personal data, including the right to be forgotten, data portability, and the right to access.
- Consent: Consent must be given explicitly for data processing, with the possibility for individuals to withdraw consent at any time.
- Data Protection Officer (DPO): Organizations dealing with large scale data processing of sensitive information are required to appoint a DPO.
- Data Breach Notification: Companies must report data breaches within 72 hours if they have an adverse effect on user privacy.
- Accountability and Governance: Companies must implement measures that demonstrate GDPR compliance, including maintaining detailed documentation on data processing activities.
Scope and Applicability
- GDPR applies to any company, regardless of its location, that processes the personal data of individuals residing in the EU.
- It covers the processing of personal data by automated means, as well as manual processing if the data is intended to be part of a filing system.
- It also applies to data controllers and processors established outside the EU but offering goods or services to, or monitoring the behavior of, individuals within the EU.
Enforcement and Penalties
- The regulation is enforced by national supervisory authorities within each EU member state.
- Non-compliance can result in fines up to €20 million or 4% of the company's global annual turnover of the previous financial year, whichever is greater.
Impact
- GDPR has significantly influenced data protection laws globally, prompting many countries to revise or enact their own privacy laws.
- It has led to increased awareness and importance of privacy rights among consumers and has pushed companies towards better data management practices.
References
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