What constitutes personal information under GDPR?

Personal information refers to any data that can be used to identify an individual, either directly or indirectly. This includes names, email addresses, IP addresses, and more nuanced data that, when combined with other information, can identify a person.

How can I determine if my data processing activities are lawful under GDPR?

Data processing is deemed lawful if it satisfies at least one of the specified conditions: obtaining explicit consent from the data subject, necessity for the performance of a contract, compliance with a legal obligation, protection of vital interests, public interest, or legitimate interests pursued by the data controller or third party.

What are the primary data protection principles I must adhere to?

The principles include lawfulness, fairness and transparency; purpose limitation; data minimization; accuracy; storage limitation; integrity and confidentiality (security); and accountability.

Can you provide guidance on the required security measures for GDPR compliance?

Security measures must ensure data confidentiality, integrity, and availability. This includes encryption, ensuring ongoing confidentiality, integrity, resilience, and timely restoration of data access and availability in the event of a physical or technical incident.

What responsibilities do data controllers have under GDPR?

Data controllers are responsible for ensuring that GDPR principles are adhered to and must demonstrate compliance. They are also tasked with securing consent, managing consent withdrawal, responding to data subject access requests, and reporting data breaches, among other duties.

What distinguishes a data processor from a data controller?

A data processor processes personal data on behalf of a data controller and is generally a third party external to the controller's organization. The controller dictates the purpose and manner of data processing, whereas the processor follows instructions.

How should I handle international data transfers under GDPR?

Transfers outside the EU/EEA are permitted only under certain conditions, such as adequacy decisions, appropriate safeguards like Binding Corporate Rules or Standard Contractual Clauses, and specific conditions where exceptions apply based on explicit informed consent or necessity.

What rights do data subjects have under the GDPR?

Data subjects have rights including, but not limited to, access, rectification, erasure (right to be forgotten), restriction of processing, data portability, objection to processing, and rights related to automated decision-making and profiling.

How do I need to handle cookies under GDPR?

Consent must be obtained before any cookies are stored on a user’s device, which can uniquely identify them. Information on why cookies are used and how one can opt out should be transparently communicated to the user.

How can I ensure ongoing compliance with GDPR?

Ongoing compliance involves regular audits, maintaining updated and detailed records of data processing activities, ongoing staff training, and updating security measures as necessary. Organizations should also engage in continuous assessment to ensure compliance with evolving legal interpretations and guidelines.