In a digital world where personal data has become a precious resource, the European Union’s General Data Protection Regulation (GDPR) plays a crucial role. Adopted in 2016 and implemented in 2018, the RGPD aims to protect the privacy of EU citizens. This article explores this regulation in detail, explaining its aims, scope and key requirements. We will also look at five essential rules to ensure RGPD compliance and avoid heavy fines.
Definition of RGPD
The General Data Protection Regulation (GDPR) is European legislation that came into force in May 2018. Its main objective is to strengthen the protection of European Union citizens’personal data and grant them greater control over their private information. The RGPD imposes strict rules on the collection, processing and storage of personal data. This applies to both companies and public bodies. It also defines the rights of individuals. For example, the right to information, access, rectification, and erasure of their data. Violations of the GDPR can result in significant fines.
Scope of application of the RGPD
The scope of the RGPD is vast. It concerns any organization that processes the personal data of European Union residents. This is regardless of the organization’s location. This includes:
Companies and organizations
All companies, large or small, located inside or outside the EU, that process personal data of EU residents in the course of their business.
Personal data
The GDPR applies to any information relating to an identified or identifiable natural person (the “data subject”), such as name, address, e-mail address, IP address, etc.
Territoriality
The GDPR also applies to companies located outside the EU that offer goods or services to EU residents, or monitor their behavior, for example through online tracking.
Key principles of the RGPD
These are :
Consent and transparency
The GDPR requires organizations to obtain clear and specific consent before processing personal data. This consent must be informed, freely given, and can be withdrawn at any time. In addition, companies must inform individuals about how their data will be used. This ensures total transparency on the processing of personal data.
Data minimization
This principle states that organizations should collect and process only the personal data they need for their purposes. In addition, they must ensure that this data is adequate, relevant and limited to the purpose of the processing. This also includes a reduction in data retention time to that which is necessary to achieve these purposes
.
Storage accuracy and limitation:
The GDPR requires organizations to keep personal data accurate and up to date. They must take reasonable steps to ensure that inaccurate data is rectified or deleted without delay. In addition, personal data must not be kept longer than is necessary to achieve the purposes for which it was collected. This limitation on storage helps to reduce risks to the security and privacy of individuals.
Rights of data subjects
These are :
Right to information
Individuals have the right to know how their personal data is collected, used and processed. Organizations must provide clear and comprehensive information about these data processing activities.
Rights of access and rectification:
Individuals have the right to access their personal data held by an organization and to request rectification of inaccurate or incomplete data.
Right to erasure (or right to be forgotten):
Individuals have the right to request the deletion of their personal data when it is no longer necessary for the purposes for which it was collected, when consent is withdrawn, or when the processing is unlawful.
These rights allow individuals to control their personal data in accordance with the GDPR.
Obligations of data controllers
These are :
Data security
Processors are required to implement appropriate technical and organizational measures to ensure the security of personal data, in order to protect against loss, misuse, unauthorized access and disclosure.
Data breach notification
In the event of a personal data breach likely to result in a high risk to the rights and freedoms of individuals, data controllers must notify the breach to the competent supervisory authorities and, in some cases, to the individuals concerned.
Data Protection Officer (DPO)
Processors must appoint a Data Protection Officer (DPO) in certain specific cases, for example when processing is carried out by a public authority, or when the controller’s main activities consist of processing requiring large-scale, regular and systematic monitoring of data subjects.
GPD compliance
Compliance with the General Data Protection Regulation (GDPR) is essential for any organization processing personal data of European Union residents.
To be compliant, an organization must obtain valid and explicit consent for data processing. It must also ensure data security and respect the rights of individuals. This, including the right of access and rectification, as well as notifying data breaches to the relevant authorities. Non-compliance can result in substantial fines, which underlines the crucial importance of complying with the RGPD’s strict requirements.
Penalties for non-compliance
In the event of non-compliance with the General Data Protection Regulation (GDPR), supervisory authorities can impose significant financial penalties. Fines can reach up to 20 million euros or up to 4% of the previous year’s annual worldwide sales, whichever is higher. These sanctions may be applied in the event of serious violations. For example, failure to comply with the basic principles of the RGPD, unlawful processing of data or failure to respect the rights of the individuals concerned.
