Europe’s General Data Protection Regulation (EU GDPR) is currently a gold standard for Privacy and personal data protection.
Data Protection Principles (Article 5)
- Lawfulness, Fairness, and Transparent
- Purpose Limitation
- Data Minimization
- Accuracy (links to Data Governance)
- Storage Limitation
- Integrity and Confidentiality (links to Security)
Legal Basis for Processing (Article 6)
- Consent
- Contractual Obligation
- Legal Obligation
- Legitimate Interest
- Vital Interest
- Public Interest
- Exceptional Areas (e.g., Journalistic, Research, Historical, etc). See if your industry falls for this exception
Special Categories of Data (Article 9)
- Health
- Religion
- Politics
- Union Membership
- Genetic, and Biometric
- Sexual Orientation, and Life
Rights of the Data Subjects
- Right of Access (Article 15)
- Right to Rectify (Article 16)
- Right to Erasure/forgotten (Article 17)
- Right to Restrict Processing (Article 18)
- Right to Data Portability (Article 20)
- Right to Object (Article 21)
Rights must be fulfilled within 30 days from the request. You may extend to a maximum of 90 days with notification.
Data Breach Notification
- Notify Supervisorily authority with 72 hours of a comfirmed breach
- May require to notify Data Subject if the breach can cause a high risk
- May require to notify law enforcement authority
Online Privacy
- A separate ePrivacy Regulation is under development. But existing Directive is adopted into law by most EU countries.
Others
- Special care for Children (under 16 years, but each jurisdiction can set the minimum to be 13 years)
- Appointment of a Data Protection Officer may be required
- Data Transfer outside of EEA needs a specific derogation (Adequacy, Consent, Binding Contractual, Standard Contractual Clause, etc)
- Requires to conduct Data Protection Impact Assessment (DPIA) for high-risk processing
- Requires to maintain a registry of processing activities
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