The General Data Protection Regulation (GDPR) is a comprehensive data protection law that came into effect in May 2018. It governs how organizations collect, store, process, and protect personal data of individuals in the European Union.
Who Does GDPR Apply To?
GDPR applies if:
- Your organization is based in the EU
- You offer goods or services to EU residents
- You monitor the behavior of EU residents
Even if you're based elsewhere, serving EU customers means GDPR applies to you.
Key GDPR Principles
Lawful Basis
You need a legal reason to process personal data:
- Consent: User explicitly agrees
- Contract: Necessary to fulfill a contract
- Legal obligation: Required by law
- Vital interests: Protecting someone's life
- Public task: Official functions
- Legitimate interests: Business needs (with limits)
Data Minimization
Only collect data you actually need. Don't hoard data "just in case."
Purpose Limitation
Data collected for one purpose shouldn't be used for others without consent.
Accuracy
Keep data accurate and up to date.
Storage Limitation
Don't keep data longer than necessary.
Security
Implement appropriate technical and organizational measures.
User Rights Under GDPR
Right to Access
Users can request copies of their data.
Right to Rectification
Users can correct inaccurate data.
Right to Erasure ("Right to Be Forgotten")
Users can request deletion of their data.
Right to Portability
Users can request their data in a portable format.
Right to Object
Users can object to certain processing.
Rights Related to Automated Decision-Making
Right not to be subject to purely automated decisions.
GDPR Compliance for Websites
Cookie Consent
- Inform users about cookies before setting them
- Get explicit consent for non-essential cookies
- Allow users to manage preferences
- Don't pre-check consent boxes
Privacy Policy
Clear, accessible explanation of:
- What data you collect
- Why you collect it
- How you use it
- Who you share it with
- User rights and how to exercise them
Data Processing Agreements
Contracts with any third parties processing data on your behalf.
Data Protection Officer
Some organizations require a designated DPO.
GDPR Penalties
Violations can result in fines up to:
- €20 million, or
- 4% of annual global revenue
Whichever is higher.