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In 2016, the European Commission replaced its long-existing Data Protection Directive with a modernised version, the General Data Protection Regulation (GDPR). The GDPR is based on the EU Charter of Fundamental Rights that considers the protection of personal data an individual’s fundamental human right.
The objective of the GDPR is to ensure the protection of personal information through a human rights centric approach and allow secure transfer of personal information within and across jurisdictions. At present, the GDPR is considered to be one of the best global practices in relation to data protection and privacy legal landscape.
The GDPR provides the following rights for individuals. However, each right has its limitations with respect to circumstances under which it will not be exercised. For example, any “manifestly unfounded or excessive” request of a data subject may be refused to be exercised by the controller, in particular, because of its repetitive character.
The General Data Protection Regulation is not specific to the European Union, but applies to any organisation operating within or outside the EU which offers goods and services to customers or businesses in the EU.
If we dive into the specifics, there are two different types of data-handlers this legislation applies to, known as the 'processors' and 'controllers'. The exact definitions of each are laid out in Article 4 of the GDPR
“A person, public authority, agency or other body which alone or jointly with others, determines the purposes and means of processing of personal data”
“A person, public authority, agency or other body which processes personal data on behalf of the controller”
For non-serious infringements, fines can go up to €10 million, or 2% of the firm’s worldwide annual revenue from the preceding financial year, whichever amount is higher. This includes violations of articles governing:
For Serious infringements fines can go up to €20 million, or 4% of the firm’s worldwide annual revenue from the preceding financial year, whichever amount is higher. This includes violations of articles governing:
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The GDPR stands for the General Data Protection Regulation
The GDPR went into effect on May 25, 2018
Penalties for non-compliance can go up to €20 million, or 4% of the firm’s worldwide annual revenue
According to the GDPR enforcement tracker, from July 2019 till date, the total GDPR fines that have been paid globally is €436,948,087
See how easy it is to manage privacy compliance with robotic automation.