Transcript for:
GDPR Scope and Principles

welcome to this comprehensive lecture on European data Protection Law and regulation focusing particularly on the Territorial and material scope of the general data protection regulation gdpr this lecture covers key aspects such as the gdpr's territorial scope data processing principles lawful processing criteria and special categories of processing all essential to understanding the nuances of European data Protection Law on Territorial and material scope of the GDP are definition and criteria one territorial scope article 3 of the gdpr defines the territorial scope of the regulation the gdpr applies to any entity processing personal data if that entity is established in the European Union regardless of where the processing occurs two establishment the definition of establishment includes any stable Arrangement or presence that facilitates consistent economic activities within the EU controller processor relationship one if a controller or processor has an establishment in the EU the gdpr applies to their processing activities regardless of where the processing takes place B non-establishment in the EU guidelines 328 on territorial scope one offering goods and services even if a controller or processor is not established in the EU the gdpr applies if they offer goods or services to EU residents or monitor their behav Behavior two monitoring Behavior monitoring includes tracking individuals through various Technologies such as cookies analytics tools or other online activities application of gdpr to International entities one third countries organizations outside the EU that process data related to EU residents must comply with the gdpr if they engage in the specified activities a two transfer mechanisms compliance includes adhering to mechanisms such as standard contractual Clauses binding corporate rules or other gdpr compliant methods for data transfers C material scope of the gdpr and processing activities the gdpr's material scope encompasses the processing of personal data wholly or partly by automated means or in a manual filing system two exemptions the gdpr exempts data processing activities that fall outside the scope of Union law household activities and law enforcement or national security tasks data processing principles the gdpr outlines seven key principles that govern data processing activities lawfulness fairness and transparency one processing must have a lawful basis be fair to the data subject and be transparent about its purposes purpose limitation one data must be collected for specified explicit and legitimate purposes and not further processed in a manner incompatible with those purposes proportionality data minimization one data collection should be adequate relevant and limited to what is necessary for the purposes of processing accuracy one data should be accurate and upto-date controllers must take reasonable steps to rectify or erase inaccurate data storage limitation retention one data should be kept only for as long as necessary for the processing purposes controllers should establish and enforce retention policies integrity and confidentiality One controllers and processors must Implement appropriate security measures to protect data from unauthorized access alteration or loss accountability One controllers are responsible for demonstrating compliance with all gdpr principles including documenting processing activities and conducting audits three lawful processing criteria the gdpr outlines six legal bases for lawful processing consent one consent must be freely given specific informed and unambiguous data subjects must have the ability to withdraw consent at any time contractual necessity one processing is lawful if necessary for fulfilling a contract with the data subject or taking pre-contractual steps at their request legal obligation vital interests and public interest one processing is lawful if necessary for complying with legal obligations protecting someone's vital interests or performing a task in the public interest or under official Authority legitimate interests one processing is lawful if it serves legitimate interests of the controller or a third party provided it doesn't override data subject rights and freedoms special categories of processing one processing special categories of personal data such as health religion or racial data is prohibited and L exceptions apply i v conclusion European data Protection Law and regulation particularly the gdpr is a robust and comprehensive framework governing the processing of personal data it emphasizes Territorial and material scope data processing principles and lawful processing criteria to safeguard individual's privacy and rights understanding these nuances is critical for ensuring compliance and protecting data subjects across Europe and Beyond