Introduction and basic requirements:
The General Data Protection Regulation (GDPR) sets out clear rules for the processing of personal data, which also apply to websites. Websites must implement various technical and organizational measures to meet data protection requirements. Here are the general requirements explained in detail:
Lawfulness, fairness and transparency (Article 5(1)(a) GDPR):
- Lawfulness: The processing of personal data must be based on a lawful basis. The GDPR lists six lawful bases on which processing can be based:
- Consent: The data subject has given consent to the processing of his or her personal data for one or more specific purposes.
- Contract: Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at your request prior to entering into a contract.
- Legal obligation: Processing is necessary to fulfill a legal obligation to which the controller is subject.
- Vital interests: Processing is necessary to protect the vital interests of the data subject or of another natural person.
- Public task: Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
- Legitimate interests: Processing is necessary to protect the legitimate interests of the controller or of a third party, unless the interests or fundamental rights and freedoms of the data subject which require protection of personal data prevail.
- Fair processing: Data processing must be fair and transparent. This means that data subjects must be informed about how their data is processed. This can be achieved by providing an easily accessible and understandable privacy notice.
- Transparency: Websites must provide clear and understandable information, including the privacy policy and consent mechanisms for cookies and other tracking technologies. Data subjects must be informed in clear and plain language about data processing, including the purposes of the processing, the categories of personal data and the rights of data subjects.
Purpose limitation (Article 5 paragraph 1 letter b GDPR):
- Personal data must only be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes. This means that the data must only be used for the purposes for which it was originally collected, unless there is a legal basis for further processing.
Data minimization (Article 5 paragraph 1 letter c GDPR):
- The personal data collected must be adequate, relevant and limited to what is necessary for the purposes of the processing. This means that only the data required to achieve the respective purpose may be collected and processed. Unnecessary data should not be collected or stored.
Accuracy (Article 5 paragraph 1 letter d GDPR):
- Personal data must be accurate and, where necessary, up to date. All appropriate measures must be taken to ensure that inaccurate personal data are erased or corrected without delay. The accuracy of the data is crucial to avoid incorrect decisions and disadvantages for the data subjects.
Storage limitation (Article 5 paragraph 1 letter e GDPR):
- Personal data may only be stored for as long as is necessary for the purposes for which it is processed. After this time, the data must be deleted or anonymized. The storage limitation serves to reduce data volumes and minimize the risks posed by data stored for an unnecessarily long time.
Integrity and confidentiality (Article 5(1)(f) GDPR):
- Personal data must be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical and organisational measures. The integrity and confidentiality of data is crucial to protect the rights and freedoms of data subjects.
Accountability (Article 5 paragraph 2 GDPR):
- The controller is responsible for compliance with the above principles and must be able to demonstrate compliance. Accountability requires companies to implement and document appropriate measures and procedures to comply with data protection regulations. This includes maintaining a register of processing activities, conducting data protection impact assessments, implementing technical and organizational measures to protect data and training employees in data protection.
Security measures (Article 32 GDPR):
- Websites must implement appropriate technical and organizational measures to ensure the security of data processing. These include measures such as:
- Encryption: Protecting personal data through encryption during transmission and storage.
- Pseudonymisation: Processing of personal data in such a manner that the data can no longer be attributed to a specific data subject without the use of additional information.
- Access and access control mechanisms: Implementation of mechanisms to restrict access to personal data to authorized persons.
- Regularly review and update security measures: Ensure that security measures are up to date and reflect current threats and risks.
Relevant articles of the GDPR:
- Article 5: Principles governing the processing of personal data
- Article 6: Lawfulness of processing
- Article 7: Conditions for consent
- Article 32: Security of processing
Summary:
Websites must ensure that they process personal data lawfully, for a specific purpose, in a data-efficient and secure manner. Providing clear and transparent information about data processing and implementing appropriate security measures are crucial to meeting the requirements of the GDPR. Companies must implement appropriate procedures and measures to demonstrate compliance with the GDPR. This includes, among other things, maintaining a register of processing activities, conducting data protection impact assessments, implementing technical and organizational measures to protect data and training employees in data protection. Accountability requires companies to document and regularly review compliance with data protection regulations. Implementing these measures helps to increase user trust and minimize the risks of data breaches.
