up:: [[Security Policies and Governance]] # General Data Protection Regulation (GDPR) The General Data Protection Regulation (GDPR) is a legal framework that sets guidelines for the collection and processing of personal information from individuals who live in the European Union (EU). Implemented on May 25, 2018, it aims to give individuals control over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU. ## Key Features - **Consent:** Requires that consent be clear, informed, and freely given for data processing activities. - **Right to Access:** Individuals have the right to access their personal data and information about how this data is being processed. - **Right to Erasure:** Also known as the "right to be forgotten," this allows individuals to have their personal data deleted under certain circumstances. - **Data Portability:** Enables individuals to request a copy of their personal data in a digital format and the right to transfer their data from one service provider to another. - **Privacy by Design:** Calls for the inclusion of data protection from the onset of designing systems, rather than as an addition. - **Data Protection Officer (DPO):** Organizations must appoint a DPO to oversee GDPR compliance if they process or store large amounts of EU citizen data, engage in large-scale monitoring, or are a public authority. ## Problem Addressed GDPR addresses the need for modernized and consistent data protection standards across the EU, aiming to boost privacy rights for individuals while also offering a clearer and more uniform framework for businesses involved in data processing. ## Implications GDPR has significant implications for businesses worldwide, as it applies to any organization operating within the EU, as well as those outside the EU that offer goods or services to customers or businesses in the EU. Non-compliance can lead to hefty fines, making understanding and implementing GDPR compliance crucial for multinational organizations. ## Impact The regulation has dramatically shifted how organizations handle data privacy, leading to substantial changes in corporate data handling and data protection practices worldwide. It has also influenced other jurisdictions to consider similar regulations, heightening global data protection standards. ## Defense Mechanisms - **Regular Audits:** Ensures compliance with GDPR requirements through continuous reviews and updates to data protection measures. - **Enhanced IT Security Measures:** Including [[encryption]], secure data storage solutions, and regular cybersecurity assessments. - **Employee Training:** Regular training on GDPR compliance for employees involved in data processing activities. ## Exploitable Mechanisms/Weaknesses Organizations that fail to adequately secure data, manage consent, or transparently process data can face penalties. Inadequate data governance practices or misunderstanding the legal bases for processing personal data are common pitfalls. ## Common Tools/Software - **Data Protection Impact Assessment (DPIA) Tools:** Help organizations identify and minimize the data protection risks of projects. - **Compliance Management Software:** Such as OneTrust or TrustArc, which provide solutions to manage consent, data mapping, and compliance reporting. ## Related Cybersecurity Policies - **ePrivacy Directive (Cookie Law):** Complements GDPR and regulates the processing of personal data and the protection of privacy in the electronic communications sector. - **[[California Consumer Privacy Act (CCPA)|California Consumer Privacy Act]] ([[California Consumer Privacy Act (CCPA)|CCPA]]):** While distinct, this regulation is inspired by GDPR and provides similar privacy rights concerning the collection of personal information by businesses. ## Best Practices - Ensure clear consent mechanisms are in place and easily accessible. - Implement and regularly update a comprehensive data protection policy. - Conduct thorough DPIAs for processes that handle significant personal data. - Maintain detailed records of data processing activities to demonstrate GDPR compliance. ## Current Status GDPR remains a dynamic regulatory framework, with ongoing developments in interpretations and guidelines as digital technology and data practices evolve. Organizations globally continue to adapt their policies and processes to comply with this rigorous standard. ## Revision History - **2024-04-14:** Entry created.