Overview
This summary outlines key provisions of the EU General Data Protection Regulation (GDPR), focusing on technical and organizational measures for data security, breach notification, vendor management, data sharing, accountability, privacy by design, regulatory cooperation, and international data transfers.
Security of Personal Data: Technical and Organizational Measures
- Encryption safeguards data by preventing unauthorized access through data obfuscation.
- Access controls limit information access to authorized personnel via authentication and role management.
- Pseudonymization replaces identifiers with pseudonyms, reducing re-identification risk.
- Ongoing monitoring includes audits, vulnerability assessments, and penetration testing to proactively address threats.
Breach Notification and Risk Reporting
- Organizations must report personal data breaches to authorities within 72 hours, detailing breach nature, affected individuals, and remedial actions.
- Guidelines clarify internal reporting, rapid response, and roles of controllers and processors during breaches.
- Communication with affected individuals is required when risks are significant.
Vendor Management
- Vendors must be evaluated for robust security practices before engagement.
- Contracts must mandate security standards, breach notifications, and audit rights.
- Regular audits ensure vendors maintain compliance with GDPR requirements.
Data Sharing Protocols
- Data sharing is minimized to essential information only.
- Secure transfer protocols such as encryption are required during data exchanges.
- Written agreements must define responsibilities and data protection measures.
Accountability Requirements
- Controllers and processors must clearly define roles, responsibilities, and joint arrangements, accessible to data subjects.
- Documentation of processing activities and data protection agreements is mandatory.
- Organizations must maintain records and cooperate with regulatory investigations.
Data Protection by Design and Default
- Data protection is integrated from the outset in product and process development.
- Default privacy settings must prioritize minimal data collection and processing.
Data Protection Impact Assessments (DPIAs) and Data Protection Officers (DPOs)
- DPIAs are required for high-risk processing and must describe activities, assess necessity, identify risks, and propose mitigations.
- DPOs advise on GDPR compliance, monitor processing, and liaise with authorities when large-scale or sensitive data processing occurs.
Auditing and Regulatory Cooperation
- Regular audits review processing, security, access controls, and third-party compliance.
- Organizations must provide information and allow inspections by supervisory authorities.
International Data Transfers
- Transfers outside the EU/EEA require adequate protections or approved mechanisms such as Standard Contractual Clauses (SCCs), Binding Corporate Rules (BCRs), or recognized codes of conduct.
- The European Commission evaluates third-country legal frameworks for adequacy.
- Legal frameworks such as Safe Harbor and Privacy Shield have been replaced by the Transatlantic Data Privacy Framework to meet EU standards.
- Transfer Impact Assessments (TIAs) evaluate protections in destination countries and recommend supplementary measures.
Decisions
- Appointment of DPOs: Required when processing large volumes of data or sensitive information.
- Mandatory DPIAs: Enforced for high-risk data processing activities.
Action Items
- TBD – Organizations: Conduct regular audits and monitoring for internal and vendor compliance.
- TBD – Organizations: Ensure breach notification protocols are established and practiced.
- TBD – Organizations: Maintain and update documentation for data processing activities.