What Is GDPR Compliance?

GDPR compliance refers to adhering to the General Data Protection Regulation (GDPR), a set of rules established by the European Union (EU) to protect individuals' personal data and privacy. Compliance involves implementing appropriate technical and organizational measures to ensure data protection, including obtaining explicit consent for data collection, limiting data processing to specific purposes, and ensuring data accuracy. Organizations must also establish secure storage and data breach protocols, provide individuals with access to and control over their data, and meet legal requirements for processing sensitive information. Noncompliance may result in hefty fines, up to 4% of annual global revenue or €20 million, whichever is greater.

What Is GDPR?

The General Data Protection Regulation (GDPR) is EU legislation that came into effect on May 25, 2018. It has wide-reaching implications for data protection and security. GDPR applies to any organization that operates in the European Union (EU), but also to organizations that offer goods or services to EU residents — regardless of where these organizations are located.

Under the GDPR, organizations must gain explicit consent to collect, use, or process personal data. They also need a lawful basis for processing the data — such as a contract with the individual or a legitimate interest in processing the data. This gives EU residents much more control over personal data, or data that can be used to identify them.

Other protections established or strengthened in the GDPR include:

• Strict rules on data security and data breaches
• An individual's right to access and control their personal data
• A right to request that personal data be erased (e.g., the "right to be forgotten")
• A right to data portability — i.e., to request and receive a readable copy of your personal data

A violation of the GDPR can cost an organization: fines can be up to 4% of its annual global revenue, or €20 million — the greater of the two.

While the GDPR does not specifically mention cloud storage, it does apply when a company is processing personal data in the cloud. Organizations must ensure that they comply with the GDPR's requirements when using cloud storage to store personal data of individuals within the EU.

The GDPR has had a significant impact on how organizations handle personal data and has set a new global standard for data protection laws.

GDPR & Data Sovereignty

Data sovereignty refers to the concept that data is subject to the laws and regulations of the country where it is collected, stored, or processed. Organizations must comply with local data protection laws. In other words, data sovereignty impacts cloud storage strategies, requiring localized data centers and robust compliance measures to manage cross-border data flows and protect sensitive information.

The GDPR significantly impacts data sovereignty by enforcing strict guidelines on data handling and storage within the EU. Organizations must ensure that personal data remains within the jurisdiction of the EU or is transferred only to countries with equivalent data protection standards. GDPR mandates explicit consent for data collection, clear data usage policies, and the right for individuals to access, correct, or delete their data.

Data sovereignty under GDPR emphasizes that data protection laws apply based on the location of the data subject, not the data processor. Companies must implement security measures, such as encryption and access controls. It also includes provisions for cross-border data transfers, requiring organizations to use mechanisms like Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs) to ensure compliance.

Key Principles of the GDPR

Principles Relating to Processing of Personal Data

The GDPR sets forth a series of principles relating to the processing of personal data to ensure the protection of individuals' privacy rights. These principles, outlined in Article 5 of the GDPR, serve as the foundation for responsible data processing practices and must be adhered to by organizations handling personal data within the European Union.

• Lawfulness, fairness, and transparency: Data processing must be conducted lawfully, fairly, and transparently, ensuring that individuals are aware of how their personal data is being collected, used, and shared. Organizations must have a valid legal basis for processing and be open about their data practices.
• Purpose limitation: Personal data should only be collected for specific, explicit, and legitimate purposes. Organizations must not process data in a manner incompatible with the original purpose, unless they obtain the data subject's consent or have another valid legal basis.
• Data minimization: Organizations should collect and process only the minimum amount of personal data necessary to fulfill the intended purpose. Excessive or irrelevant data should not be collected or retained.
• Accuracy: Personal data must be accurate, up-to-date, and, where necessary, corrected or deleted. Organizations should take reasonable steps to ensure that inaccurate or outdated data is rectified or removed from their systems.
• Storage limitation: Personal data should be stored for no longer than necessary to achieve the intended purpose. Organizations must establish time limits for data retention and ensure that data is deleted or anonymized once it is no longer needed.
• Integrity and confidentiality: Organizations must ensure the security and integrity of personal data by implementing appropriate technical and organizational measures. This includes safeguarding data from unauthorized access, accidental or unlawful destruction, loss, alteration, or disclosure. Measures such as encryption, access controls, and robust IT security are essential.
• Accountability: Organizations are responsible for demonstrating compliance with GDPR principles and must implement measures to ensure adherence. This includes maintaining records of data processing activities, conducting data protection impact assessments, and appointing a Data Protection Officer (DPO) where necessary.

By adhering to these principles, organizations can ensure that they process personal data responsibly, protecting the privacy rights of individuals and fostering trust in their data handling practices.

Lawfulness of Processing

The GDPR principle of lawfulness of processing mandates that organizations must have a valid legal basis for processing personal data, ensuring that all data processing activities are conducted in accordance with the law. This principle, outlined in Article 6 of the GDPR, establishes six legal bases for processing personal data, which are as follows:

• Consent: The data subject has freely given their explicit, informed, and unambiguous consent for their personal data to be processed for a specific purpose. Consent must be easy to withdraw and should not be obtained through coercion or deception.
• Contractual necessity: Processing personal data is necessary for the performance of a contract to which the data subject is a party, or for taking pre-contractual steps at the data subject's request.
• Legal obligation: Processing is necessary for compliance with a legal obligation to which the data controller is subject. This refers to obligations arising from national or EU laws that require the processing of specific personal data.
• Vital interests: Processing is necessary to protect the vital interests of the data subject or another natural person. This legal basis is typically invoked in emergency situations, such as life-threatening medical conditions, where obtaining consent or fulfilling contractual obligations is not possible.
• Public interest: 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 data controller. This basis applies to public authorities or organizations carrying out tasks for the common good, such as public health, education, or law enforcement.
• Legitimate interests: Processing is necessary for the legitimate interests of the data controller or a third party, except where such interests are overridden by the rights and freedoms of the data subject. The data controller must conduct a balancing test to determine if their interests justify the processing while ensuring that the data subject's rights are not unduly compromised.

Organizations must identify and document the appropriate legal basis for each data processing activity they undertake, ensuring transparency and adherence to the GDPR principle of lawfulness of processing. This principle is fundamental in safeguarding the rights and freedoms of data subjects and promoting responsible data processing practices.

Conditions for Consent

The GDPR principle of Conditions for Consent, detailed in Article 7, establishes strict criteria for obtaining valid consent from data subjects to process their personal data. Organizations must follow these conditions to ensure that consent is freely given, specific, informed, and unambiguous. Key aspects of the Conditions for Consent include:

• Clear and plain language: Consent requests must be presented in an easily accessible and understandable form, using clear and plain language. Jargon, legalese, or complex phrasing should be avoided to ensure that data subjects fully comprehend the request and the implications of providing consent.
• Distinct from other matters: Consent should be distinguishable from other matters, such as terms and conditions or privacy policies. Bundling consent with unrelated issues can render it invalid, as data subjects must be able to freely give consent specifically for data processing activities.
• Specific and granular: Consent must be specific to each distinct data processing operation. Granular consent options should be provided, allowing data subjects to consent to individual processing activities rather than being forced to accept all or none.
• Unambiguous indication: Consent must be demonstrated through a clear affirmative action by the data subject, such as ticking a box, clicking a button, or verbally agreeing. Pre-ticked boxes, inactivity, or silence do not constitute valid consent.
• Easy withdrawal: Data subjects must be able to withdraw their consent as easily as they gave it, without detriment or penalty. Organizations should provide simple and accessible mechanisms for withdrawal and inform data subjects of their right to withdraw prior to obtaining consent.
• Proof of consent: Organizations must maintain records of the consent obtained from data subjects, including when and how consent was given, and the specific processing activities it covers. This documentation is necessary to demonstrate compliance with GDPR requirements.
• Age restrictions: For processing personal data of children under the age of 16, parental consent is required. Member States may lower this age limit to no less than 13 years. Organizations must implement age verification and parental consent mechanisms when targeting children.

Adhering to the Conditions for Consent ensures that organizations respect the rights and autonomy of data subjects, enabling them to make informed decisions about the processing of their personal data. Compliance with these conditions is essential to maintain transparency, trust, and accountability in data processing practices.

Conditions Applicable to Child’s Consent in Relation to Information Society Services

The GDPR principle of Conditions Applicable to Child's Consent in Relation to Information Society Services, specified in Article 8, addresses the protection of children's personal data when accessing online services. Recognizing the vulnerability of children in the digital environment, GDPR establishes specific criteria for obtaining valid consent from minors. Key aspects of this principle include:

• Age threshold: GDPR sets the age threshold for providing valid consent at 16 years. However, individual Member States can lower this age limit, provided it is not less than 13 years. Below this age, parental or guardian consent is required for processing a child's personal data in relation to information society services.
• Parental consent: When a child below the age threshold accesses online services, organizations must obtain verifiable consent from a parent or guardian. This consent should adhere to the standard Conditions for Consent, ensuring it is informed, specific, and unambiguous.
• Age verification: Organizations must make reasonable efforts to verify the age of data subjects. This may include requesting age-related information or implementing age-verification mechanisms to ensure that children below the age threshold do not provide consent without parental involvement.
• Parental authorization: When obtaining parental consent, organizations should employ appropriate methods to authenticate the identity of the parent or guardian, ensuring that the individual providing consent holds parental responsibility for the child.
• Communication and information: Just like with adult data subjects, organizations must provide clear and plain language explanations to children and their parents or guardians about the processing of personal data, including the purposes, potential risks, and the rights of the data subjects.
• Easy withdrawal: Children and their parents or guardians should be able to withdraw consent as easily as they provided it, without detriment or penalty. Organizations must ensure that mechanisms for withdrawal are accessible and user-friendly.

By adhering to the Conditions Applicable to Child's Consent in Relation to Information Society Services, organizations can safeguard the privacy rights of minors, promote responsible data processing practices, and ensure compliance with GDPR requirements concerning children's personal data.

Processing of Special Categories of Personal Data

The GDPR principle of Processing of Special Categories of Personal Data, outlined in Article 9, deals with the handling of sensitive personal data that may pose a higher risk to an individual's rights and freedoms. These special categories of data require stricter processing conditions and safeguards due to their sensitive nature. Key aspects of this principle include:

• Special categories: Special categories of personal data include information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for unique identification, health data, and data concerning a person's sex life or sexual orientation.
• Prohibition on processing: GDPR generally prohibits the processing of special categories of personal data, except under specific circumstances where explicit consent is obtained, or other legal grounds apply.
• Explicit consent: Data subjects must provide explicit consent for the processing of their special category data, which requires a clear and affirmative action that confirms their agreement to process sensitive personal data. Consent must be informed, specific, and unambiguous, and data subjects should have the right to withdraw consent at any time.
• Alternative legal grounds: In the absence of explicit consent, organizations may process special category data if any of the following conditions apply:
  • Employment, social security, and social protection law requirements.
  • Vital interests protection where the data subject is incapable of providing consent.
  • Legitimate activities of non-profit organizations with a political, philosophical, religious, or trade union aim.
  • Data made public by the data subject.
  • Legal claims or judicial purposes.
  • Substantial public interest, based on EU or Member State laws.
  • Healthcare or public health management purposes, under the responsibility of medical professionals.
  • Archiving in the public interest, historical research, or statistical purposes.
• Additional safeguards: Organizations processing special category data must implement appropriate safeguards to protect sensitive information. This may include data minimization, pseudonymization, encryption, access controls, and strict confidentiality measures.

By adhering to the GDPR principle of Processing of Special Categories of Personal Data, organizations can ensure the protection of sensitive information, reduce risks to individual rights, and maintain compliance with GDPR requirements for handling sensitive personal data.

Processing of Personal Data Relating to Criminal Convictions and Offenses

The GDPR principle of Processing of Personal Data Relating to Criminal Convictions and Offenses, set forth in Article 10, governs the handling of personal data concerning an individual's criminal history. Due to the potential consequences of mishandling such data, GDPR imposes strict conditions and limitations on its processing. Key aspects of this principle include:

• Limited access to data: The processing of personal data relating to criminal convictions and offenses should be carried out only under the control of an official authority or when specifically authorized by EU or Member State law. This limitation ensures that sensitive information about an individual's criminal background is handled responsibly and securely.
• Appropriate legal basis: Organizations that are permitted to process personal data concerning criminal convictions and offenses must have a valid legal basis for doing so, such as fulfilling a legal obligation, protecting the public interest, or ensuring the security of individuals and communities.
• Comprehensive register: When processing personal data relating to criminal convictions and offenses, organizations should maintain a comprehensive register of such data, ensuring it is accurate, up-to-date, and relevant to the purpose for which it is being processed.
• Safeguards and data protection: Organizations processing this type of personal data must implement appropriate technical and organizational measures to protect the data against unauthorized access, accidental or unlawful destruction, loss, alteration, or disclosure. These measures may include encryption, access controls, and strict confidentiality protocols.
• Data minimization and storage limitation: Organizations should only collect and store personal data relating to criminal convictions and offenses for as long as necessary to fulfill the intended purpose. Data minimization principles should be applied, and data should be deleted or anonymized when it is no longer required.
• Transparency and individual rights: Organizations must inform data subjects about the processing of their personal data relating to criminal convictions and offenses and respect their rights under the GDPR, such as the right to access, rectify, or erase their data, subject to any restrictions imposed by applicable laws.

By adhering to the GDPR principle of Processing of Personal Data Relating to Criminal Convictions and Offenses, organizations can ensure the responsible handling of sensitive information, mitigate risks to individual rights and freedoms, and maintain compliance with GDPR requirements for processing criminal history data.

Processing That Doesn’t Require Identification

The GDPR principle of Processing Which Does Not Require Identification, highlighted in Article 11, addresses situations where organizations do not need to identify data subjects to process their personal data. This principle encourages data minimization and the adoption of privacy-enhancing techniques to reduce the risks associated with processing personal data. Key aspects of this principle include:

• No identification required: Organizations are not obligated to maintain, obtain, or process additional information to identify a data subject if the identification is not necessary for the purpose of processing. This principle supports the use of anonymized or pseudonymized data, which can reduce privacy risks for data subjects.
• Data subject rights: Data subjects have the right to access, rectify, erase, restrict, or object to the processing of their personal data under the GDPR. However, if an organization cannot identify a data subject, it may not be required to comply with these rights. In such cases, the data controller must demonstrate the impossibility of identifying the data subject.
• Demonstrating compliance: Organizations must be able to prove that they have taken reasonable steps to comply with data subject rights while adhering to the principle of not requiring identification. This may include documenting the measures used to anonymize or pseudonymize data and explaining why identification is not necessary for the specific processing purpose.
• Obligation to inform: If an organization cannot take action on a data subject's request due to their inability to identify the individual, they must inform the data subject accordingly, explaining the reasons for their inability to comply. The data subject may then provide additional information to enable their identification, if they choose to do so.
• Balancing rights and risks: The principle of Processing Which Does Not Require Identification encourages organizations to balance the rights and interests of data subjects with the potential risks associated with processing identifiable personal data. By minimizing the need for identification, organizations can reduce the risk of unauthorized access, identity theft, or other privacy breaches.

By adhering to the GDPR principle of Processing Which Does Not Require Identification, organizations can promote responsible data processing practices, enhance privacy protections, and ensure compliance with the GDPR while minimizing the risks associated with processing identifiable personal data.

GDPR Requirements

The GDPR requirements exist to protect individuals' personal data and privacy, while also emphasizing the importance of data security, particularly in cloud environments. By requiring organizations to obtain explicit, informed consent from data subjects, the GDPR empowers individuals to control how their data is collected, used, and processed. The GDPR consent process ensures that organizations are transparent about their intentions, fostering trust between parties.

Emphasizing the importance of processing data lawfully, fairly, and transparently, the GDPR ensures that organizations have a valid legal basis for their actions. Data processing requirements tie into data security by preventing unauthorized or unnecessary data processing, reducing the risk of data breaches or misuse.

Data minimization, another key GDPR requirement, ensures that organizations only collect and process the minimum data necessary for their intended purpose. By reducing the amount of data held, organizations can minimize the potential impact of a security breach in the cloud.

The GDPR also mandates that organizations maintain accurate and up-to-date personal data, which contributes to data security by ensuring that outdated or incorrect information is not retained or processed. This requirement reduces the risk of unauthorized access or data breaches in cloud environments.

Data storage limitations imposed by the GDPR ensure that personal data is not retained longer than necessary. This requirement encourages organizations to establish secure data retention and deletion policies, reducing the risk of data breaches in the cloud.

To ensure data security in the cloud, the GDPR requires organizations to implement appropriate technical and organizational measures, such as encryption, access controls, and rigorous IT security. These measures protect data from unauthorized access, accidental or unlawful destruction, loss, alteration, or disclosure.

GDPR requirements include holding organizations accountable for demonstrating GDPR compliance with its principles. This includes maintaining records of data processing activities, conducting data protection impact assessments, and appointing a data protection officer (DPO) where necessary. These GDPR requirements ensure that organizations prioritize data security in the cloud and hold themselves accountable for their actions.

Finally, the GDPR provides special protections for children's data and sensitive personal data, recognizing their vulnerability and the potential consequences of mishandling such information. By adhering to strict conditions and limitations for processing sensitive data, organizations can ensure that this information is protected, particularly in cloud environments where data breaches can have significant repercussions.

GDPR FAQs