Overview
What is the GDPR?
The General Data Protection Regulation (GDPR) is one of the most wide-ranging pieces of legislation passed by the European Union in recent memory. The GDPR was introduced to provide a set of standards to ensure better safeguarding of personal data. It standardises data protection law across the single market and gives people in a fast-moving digital economy greater control over how their personal information is used.
Scope
Who does the GDPR apply to?
All organisations that process personal data and operate within, or sell goods to the EU are affected by the GDPR. The definition of processing is aimed at covering practically every type of data usage and includes collection, storage, retrieval, alteration, storage and destruction.
The GDPR applies to both data ‘controllers’ and ‘processors’. Data controllers determine the purpose and manner in which data is processed, while data processors are any third-party undertaking data processing on behalf of a controller.
Changing GDPR requirements
The UK GDPR
In the UK, the requirements of the GDPR are implemented and ratified by the Data Protection Act 2018.
The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (GDPR), a law that sets out how personal data must be collected, handled and stored to protect people’s privacy. It also gives individuals the right to know what personal data is held about them and to have that data erased in certain circumstances. The Act came into force on 25 May 2018 and replaced the Data Protection Act 1998.
The GDPR is retained in domestic law as the UK GDPR. The UK GDPR sits alongside an amended version of the DPA 2018. Because the UK GDPR is very similar to the EU GDPR, organisations that comply with the latter are likely to be in compliance with the former.
The key principles, rights and obligations remain the same. However, there are implications for the rules on transfers of personal data between the UK and the European Economic Area (EEA).
One key point is that the UK GDPR also applies to controllers and processors based outside the UK if their processing activities relate to:
- Offering goods or services to individuals in the UK; or
- Monitoring the behaviour of individuals if it takes place in the UK
The UK GDPR also has implications for UK controllers with an establishment in the EU, have customers in the EU, or monitor individuals in the EU. While the EU GDPR still applies to this processing, the way organisations interact with European data protection authorities has changed.
Personal data
What is personal data?
Article 4 of the GDPR defines personal data as ‘any information relating to an identified or identifiable natural person’. For most organisations, this will mean implementing appropriate measures to protect information relating to employees, customers and partners. The GDPR broadens the definition of personal data to include all types of information that could be used to indirectly identify individuals. Other examples of personal data include:
- ID numbers
- IP addresses and cookie IDs
- HR records
- Customer contact details
- Health records
- Biometrics
- CVs
- Employment information
- CCTV footage
- Phone call recordings
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How does the GDPR differ from the Data Protection Act (DPA) 1998?
The UK GDPR sits alongside an amended version of the DPA 2018. With UK businesses now required to adhere to the updated requirements of the DPA as well as the GDPR, it is important to understand how requirements have changed since the previous Data Protection Act, from 1998.
Personal information
Increased sanctions
Data Protection Officers
Consent
Right to be forgotten
Privacy by design
GDPR Article 5 Principles
Personal data shall be...
Protecting personal data
The importance of ensuring the security of personal data
To ensure ongoing data security, principle six of the GDPR states that personal data should be processed in an appropriate manner.
Protecting personal data against unauthorised processing, accidental loss and destruction forms a key part of measures that all organisations should take.
Read our GDPR compliance guide
GDPR Solutions
Tailored solutions for GDPR compliance
By helping you to understand and address gaps in your organisation’s cyber security as well as proactively detecting and responding to threats when they occur, Kroll’s MDR, DFIR and assessment services support swift, hassle-free GDPR compliance.
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