I am a Delhi based lawyer running a ‘full service’ professional law firm with a well-developed litigation, dispute resolution, general corporate, banking finance, corporate compliance, taxation and intellectual property practice. The firm has been advising clients and drafting contracts on data privacy and protection compliances like- GDPR, CCPA, PIPEDA, POPI, LGPD, HIPAA, PCI-DSS etc. The Firm up...
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GDPR stands for the General Data Protection Regulation. GDPR came into effect on 25th May 2018 as the new European Union Regulation.
Any organisation which processes and holds the personal data of EU citizens is obliged to abide by the laws set out by GDPR. This applies to every organisation, regardless of whether or not they reside in one of the 27 EU member states.
Under the GDPR, organisations have to meet six data protection principles whenever they process personal data - including ensuring that their use of personal data is lawful, fair and transparent. Those who do collect it are obliged to protect it from misuse and exploitation.
If a data breach does happen, if information gets lost or stolen, organisations are required under the GDPR to report certain types of breaches to the relevant supervisory authority within 72 hours of them becoming aware of it.
GDPR applies to personal data, meaning any information relating to an identifiable person who can be directly or indirectly identified by reference to an identifier.
GDPR Article 5 states that personal data must be: Processed lawfully, fairly and in a transparent manner Collected only for specified, explicit and lawful purposes Adequate, relevant and limited to what is necessary Accurate and kept up to date Kept only for as long as it is needed and no longer Protected in a manner that ensures its security and integrity
The GDPR introduced a tiered approach to fines, meaning that the severity of the breach determines the fine imposed. The maximum fine a company can face is 4% of their annual global turnover, or €20 million, whichever is the highest. For less serious violations, such as having improper records, there is a maximum of 2% of their annual global turnover, or €10 million.
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