Key Requirements to Comply with GDPR in 2023
Today, compliance with data protection laws is essential for companies that handle personal data as we head into 2023. According to Statista, “Global data production, capture, copying, and consumption are all expected to rise sharply, as it reached 64.2 zettabytes in 2020. Global data generation is anticipated to increase to more than 180 zettabytes over the following five years until 2025.” With increasing data being processed and shared online, protecting individuals’ privacy has become a critical concern for many countries worldwide. To safeguard European individuals’ privacy and personal data, the General Data Protection Regulation (GDPR) was introduced in 2018. Companies doing business within the European Union (EU) must adhere to the regulation’s stringent requirements.
The article explains the General Data Protection Regulation and the key requirements for businesses to comply with GDPR in 2023.
What is General Data Protection Regulation (GDPR)?
The European Union (EU) introduced the General Data Protection Regulation (GDPR) in 2018 to strengthen the protection of people’s rights to personal data privacy within the EU. The GDPR seeks to harmonize and strengthen data protection legislation in all EU member states by replacing the Data Protection Directive of 1995.
Irrespective of the location, every enterprise that handles or processes the personal data of EU citizens is governed by the GDPR. The law aims to protect people’s privacy and personal data by giving EU citizens more control over their data and tightening regulations for businesses that manage it.
Key Requirements to Comply with GDPR
Understanding essential requirements to comply with GDPR in 2023 is vital for businesses to gain financial benefits and maintain customer trust. The following are the crucial requirements:
Lawful, fair, and transparent processing
Processing legitimate, fair, and transparent data is one of the fundamental principles of the GDPR. This means that organizations must have a legitimate reason for processing personal data, including the data subject’s consent, a legal requirement, or a legitimate interest.
Limitation of purpose, data, and storage
The GDPR’s restriction on the use of data, purpose, and storage is another essential requirement. Personal information must only be gathered for clear, unambiguous, and legal purposes, and it cannot be processed in a way that is at odds with those purposes. Additionally, organizations must ensure that personal data is accurate, pertinent, and restricted to what is required for the processing goals.
Data Protection Impact Assessment [DPIA]
A Data Protection Impact Assessment (DPIA) is also required by organizations when processing poses a significant risk to the rights and liberties of data subjects. A DPIA is a procedure for locating, evaluating, and reducing privacy risks that might impact specific people. Before processing starts, DPIAs must be carried out, and the evaluation’s findings must be recorded.
Privacy notice
Organizations must give individuals a privacy notice explaining the GDPR’s rights and how their personal data will be processed. The privacy notice must be brief, precise, straightforward, and simple. It should also be periodically examined and updated to reflect any modifications to data processing procedures.
Data subject rights
Another crucial element of the GDPR is the data subject’s rights, including access, rectification, erasure, restriction of processing, right to object to processing, and data portability. Enterprises must have procedures in place to react promptly to inquiries from data subjects.
Personal data breaches
A personal details breach should be reported to the rightful authority within 72 hours. Where there is a high likelihood that a violation would put the data subject’s rights and freedoms at risk, they must also be notified without undue delay.
Risk management & governance structure
To ensure organizations adhere to the GDPR, they must have a risk management and governance system. This entails taking the proper organizational and technological steps to guarantee that the design of their systems and processes adheres to data protection guidelines.
Record keeping process
Putting in place record-keeping systems is one of the essential elements for GDPR compliance. Data controllers and processors are required by Article 30 of the GDPR to keep records of processing operations. Organizations should thoroughly audit their data processing activities and develop a detailed record-keeping plan to adopt successful practices.
Data protection officer
If their primary activities involve processing operations that necessitate extensive, routine monitoring of data subjects or if they process sensitive data on a broad scale, organizations must designate a data protection officer (DPO) who manages the company’s GDPR compliance and offers guidance on data protection-related concerns.
Training & awareness
The GDPR also includes essential obligations for training and awareness. Businesses must ensure that persons dealing with personal data have received training on the GDPR and are aware of their obligations under the law. Ensuring staff members are aware of the rights of data subjects and how to handle their requests is a necessary step in achieving data protection.
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FAQs
What are the goals of the GDPR?
The General Data Protection Regulation’s (GDPR) objectives include giving individuals control over their data, strengthening and harmonizing data protection for individuals across the European Union (EU), and streamlining the regulatory framework for global trade.
What is Principle 5 of GDPR?
Principle 5 of the GDPR contains six guidelines: correctness, precision, data minimization, lawfulness, fairness, and transparency; integrity and secrecy; purpose limitation; minimization of data; and storage restriction. Organizations must follow these guidelines to safeguard personal information and uphold data subjects’ rights.
What are the four key components of GDPR?
The four key components of GDPR include:
- Data minimization
- Purpose limitation
- Fair and legal processing
- Data retention.
Does GDPR still apply if we have left the EU?
Yes, the GDPR applies to enterprises outside the EU if they process the personal information of individuals in the EU. The GDPR has an extraterritorial application, which means that any company that handles individuals’ data in the EU must abide by the rule, regardless of where the firm is situated.