GDPR (General Data Protection Regulation) is European Union regulation establishing strict personal data protection requirements for organisations processing EU residents' personal data. Compliance is legally mandatory with significant financial penalties for violations.
GDPR Scope
GDPR applies to organisations processing personal data of EU residents, regardless of organisation location or where processing occurs. A UK-based company serving EU users must comply; a US company with EU users must comply.
Personal data includes any information identifying individuals directly or indirectly, including names, email addresses, IP addresses, location data, and online identifiers.
Key GDPR Requirements
Lawful Basis for Processing - personal data processing requires lawful basis including explicit consent, contractual necessity, legal obligation, vital interests, public tasks, or legitimate interests. Consent is the most common basis for most data processing.
Consent Management - consent must be freely given, specific, informed, and affirmatively obtained. Pre-ticked boxes, silence, or inactivity do not constitute valid consent. Individuals must understand what they are consenting to.
Privacy Policy - organisations must provide clear privacy policies explaining data collection, processing purposes, retention periods, and individual rights.
Data Protection Impact Assessments (DPIA) - high-risk processing including large-scale processing or automated decision-making requires impact assessments identifying and mitigating risks.
Data Subject Access Requests (DSAR) - individuals may request copies of personal data organisations hold, which must be provided within 30 days without unreasonable cost.
Right to Erasure - individuals may request data deletion under certain circumstances including when data is no longer necessary or consent is withdrawn. "Right to be forgotten" enables individuals to request removal from databases.
Data Breach Notification - personal data breaches affecting individuals must be reported to authorities within 72 hours of discovery and affected individuals must be notified without undue delay.
Consent Implementation
Consent should be obtained through clear affirmative action before data processing begins. Consent for different purposes requires separate consent mechanisms.
Consent must be revocable, enabling individuals to withdraw consent as easily as they provided it. Revoking consent should stop related data processing.
Consent records should be documented proving what individuals consented to and when. Documentation supports compliance demonstration.
Data Processor Agreements
When working with external processors (cloud providers, analytics platforms, payment processors), Data Processing Agreements (DPA) must establish GDPR-compliant terms.
Processors must implement appropriate security measures and only process data according to instructions. Organisations remain liable for processor compliance.
Privacy Policy Content
GDPR requires privacy policies disclosing:
- Identity of organisation and data protection officer
- Processing purposes and legal basis
- Recipients of data
- Retention periods
- Individuals' rights including access, correction, erasure, portability
- How to file complaints with authorities
Individual Rights Implementation
Organisations must enable individuals to exercise rights including:
- Accessing personal data
- Correcting inaccurate data
- Requesting erasure
- Restricting processing
- Data portability in machine-readable format
- Objecting to processing
Efficient processes enabling individuals to exercise rights demonstrate respect for privacy.
PixelForce GDPR Implementation
PixelForce's development of health applications and enterprise platforms serving EU markets requires meticulous GDPR compliance. Privacy-first architecture and consent-based data handling are integrated throughout development.
Data Protection Officers
Organisations processing large-scale personal data including health information or systematic monitoring should appoint Data Protection Officers (DPOs) responsible for compliance oversight.
DPOs serve as accountability demonstrations, providing individuals and authorities a contact for privacy concerns.
Transfer Mechanisms
Transferring personal data outside EU requires legal mechanisms including Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs). Post-Schrems II decision, transfers to some countries require additional safeguards.
GDPR Penalties
Organisations violating GDPR face fines up to £20 million or 4% of annual global turnover, whichever is higher. Even unintentional violations incur penalties.
Intentional violations face fines up to £20 million or 4% of annual global revenue. Substantial risk exists for non-compliance, making proactive compliance essential.
Documentation and Records
Maintaining records demonstrating compliance including consent records, DPIAs, breach notifications, and processor agreements supports compliance demonstration.
Documentation proving appropriate safeguards and processes addresses enforcement authority inquiries.
GDPR and Marketing
Marketing communications including emails and SMS require explicit consent before sending. Pre-ticked options and opt-out mechanisms do not constitute valid consent.
Respecting unsubscribe requests immediately and maintaining suppression lists prevents future unauthorised communications.
Profiling and Automated Decision-Making
Automated decision-making significantly affecting individuals (credit decisions, employment decisions) requires human review enabling individuals to contest decisions.
Profiling and behavioural advertising require consent and transparency regarding decision-making algorithms.
GDPR Compliance Checklist
- Conduct data audit identifying personal data holdings
- Establish lawful basis for all processing
- Obtain explicit consent for consent-based processing
- Create comprehensive privacy policies
- Conduct DPIAs for high-risk processing
- Implement individual rights mechanisms
- Establish breach response procedures
- Execute processor agreements
- Maintain compliance documentation
- Train staff on GDPR requirements
Future GDPR Developments
Digital Services Act and Digital Markets Act introduce additional EU regulations complementing GDPR for large platforms.
Proposed AI Act will add requirements for AI systems processing personal data, creating additional compliance complexity for AI-powered applications.