What is the GDPR and why was it introduced?

Introduction of the GDPR:

The General Data Protection Regulation (GDPR) is a European Union regulation that came into force on 25 May 2018. It was introduced to strengthen and harmonize data protection and privacy for all citizens within the EU. The GDPR replaces the Data Protection Directive 95/46/EC and creates a uniform legal framework to ensure the protection of personal data while ensuring the free movement of data within the internal market.

Reasons for the introduction:

1. Technological developments: With the rapid development of digital technologies, more and more personal data has been collected and processed. This data includes everything from basic identification features to complex behavioral data and biometric information. Existing legislation has not been able to keep pace with these developments, resulting in gaps in data protection.
2. Increasing digitalization: Digitalization permeates all areas of life, from communication to commerce to healthcare services. This comprehensive digitalization increases the risk of data misuse and theft, which is why a modern data protection framework adapted to current conditions was necessary.
3. Unified legal framework: Before the GDPR was introduced, each EU member state had different data protection laws, which led to inconsistencies and difficulties in enforcement. Companies operating in multiple EU countries had to comply with different national regulations, which was complex and costly. The GDPR provides a harmonised legal framework that applies equally in all member states, thus simplifying compliance.

Objectives of the GDPR:

1. Strengthening the rights of data subjects: The GDPR places great emphasis on the rights of data subjects. It gives them more control over their personal data and strengthens their rights, including the right to access, rectification, erasure and data portability.
2. Transparency and accountability: The GDPR requires companies and organizations to be transparent about how they process personal data and to be accountable for it. This includes clear and understandable data protection information and the obligation to observe data protection principles such as data minimization and purpose limitation.
3. Security requirements: The regulation sets strict requirements for the security of the processing of personal data. Companies must take appropriate technical and organizational measures to ensure the security and protection of data and to minimize risks such as data loss, theft or manipulation.
4. Expanded powers and sanctions: The GDPR gives supervisory authorities expanded powers to enforce data protection rules. Violations of the GDPR can result in significant fines, up to €20 million or 4% of the company’s annual global turnover, whichever is higher.

Relevant articles of the GDPR:

• Article 1: Objective and subject matter of the Regulation
• Article 2: Scope
• Article 3: Territorial scope
• Article 4: Definitions

Challenges in implementation:

1. Complexity of the regulations: The GDPR contains detailed and complex requirements that companies must comply with. This can be particularly challenging for small and medium-sized businesses, which may not have the necessary resources and expertise to fully implement the regulation.
2. Cost of compliance: Implementing the GDPR can entail significant costs, particularly if new systems and procedures need to be introduced or existing processes need to be adapted. This includes the costs of training employees, implementing technical security measures and complying with documentation requirements.
3. Global impact: Because the GDPR applies not only to companies in the EU but also to companies outside the EU that process personal data of EU citizens, it has a global impact. Companies worldwide must adapt their data protection practices to the requirements of the GDPR, resulting in a global harmonization of data protection standards.

Summary:

The introduction of the GDPR was a significant step towards strengthening data protection in the European Union. It provides a unified legal framework that ensures the protection of personal data and strengthens the rights of data subjects. Despite the challenges in implementation, the GDPR provides clear guidelines and mechanisms to ensure the security and integrity of personal data in an increasingly digital world.