The General Data Protection Regulation (GDPR) is a European Union privacy law enacted in 2018 that governs how organizations collect, process, and protect personal data — with penalties reaching up to 4% of global revenue or 20 million euros for non-compliance.
GDPR Overview
When it comes to regulations, one of the biggest considerations is the General Data Protection Regulation, or GDPR.
GDPR was put into place in 2018 and designed to protect those residents living in the European Union. The law is really designed around privacy and people's data.
Your organization must comply with GDPR if it has any kind of office over in the European Union, if it's offering any goods or services to European Union residents, or if you're tracking or monitoring any information on European Union residents.
However, I still recommend you give at least some consideration to GDPR even if you don't have to comply, even if you're not selling goods and services to European Union residents. They can still find their way to your website. So I would, at the very least, if you're not marketing towards European Union residents, put in your privacy policy some sort of disclaimer that you're not marketing your goods and services towards European Union residents.
The other consideration I'd have is that there are a lot of other countries and states and a lot of other places that are creating laws and regulations that mimic or are copying a lot of what GDPR has. So even if you're not compliant with it right now, you're probably going to have to be compliant with it to a certain degree in the future. You may as well just tackle it now and start making sure that it's incorporated into your policies.
The penalties with GDPR can be fairly drastic. It can be up to 4% of the revenue or 2 million EUR, whichever is greater.
GDPR has seven different principles: lawfulness, fairness and transparency; purpose limitation; data minimization; accuracy; storage limitation; integrity and confidentiality; and accountability.
The idea behind lawfulness, fairness and transparency is that whatever data you're collecting and processing on a data subject -- and a data subject is whoever the information is about -- if you're collecting and processing data, you get their consent first, that you are doing it with full transparency, and that you're stating the purpose of what it is that you're processing it for. And it's done within the interest of them or the general public, and it's for a specific purpose and done under the laws.
The second principle is purpose limitation. That is, you're going to limit the use and the processing of that data to what was originally stated. You can't collect the data and then later on decide that you want to change what the purpose of that data is and use that data for something else.
The third principle, of data minimization, is that you're not going to collect more data than is necessary to carry out that purpose.
The principle of accuracy is pretty straightforward, and that is that the data you're collecting and processing is accurate. You are responsible, your organization is responsible, to maintain the accuracy and ensure that accuracy.
The principle of storage limitation is that you are keeping data only for the time that it needs to be processed and is usable, or, if there are certain areas where you are required to keep it for a certain length of time, that you keep it for that length of time.
The principle of security is that you're taking the necessary steps to protect the data, that you're keeping it confidential, and you're keeping it safe from both internal and external threats.
Then there's the purpose of accountability: that you are responsible to prove that you actually are following the rules and regulations. That is, you must keep documentation and proof.
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