Data Protection Principles Overview

Contracts where the object of the agreement is software, hardware, or IT services.

Contracts that are entirely negotiated and concluded using digital tools, like online platforms or email.

The process of buying and selling goods and services online.

Contracts between businesses, like a company buying software from another company.

Contracts between businesses and consumers, like buying something online from a retailer.

Different legal systems that might apply when a transaction involves multiple countries and actors.

The legal issues that arise when a transaction involves multiple contracts and parties.

The question of whether existing laws adequately address the legal issues of online transactions.

Incorporating privacy safeguards into the very design of data processing systems, ensuring data protection from the outset.

Setting default privacy settings to the most protective level, minimizing data access and ensuring that personal information isn't easily shared with an unlimited audience.

The use of pseudonyms or anonymous identifiers when collecting and processing personal data, protecting the actual identity of individuals.

A security incident that results in unauthorized access, disclosure, alteration, or destruction of personal data under a company's responsibility.

The legal obligation for a company to report a data breach to the relevant supervisory authority within 72 hours of becoming aware of it, if the breach likely poses a risk to individual rights and freedoms.

The responsibility of a data processor (e.g., a service provider) to notify the data controller (e.g., the company owning the data) about any data breaches that occur within their processing activities.

The responsibility of a company to inform affected individuals about a data breach that poses a high risk to their rights and freedoms, unless effective technical and organizational measures mitigate that risk.

The principle of accountability in data protection, where a company is responsible for demonstrating that it has implemented appropriate technical and organizational measures to protect personal data.

A Data Protection Officer (DPO) is required for organizations that process sensitive data on a large scale, regularly monitor individuals, or are public administrations. They provide expertise and oversight on data protection.

Hospitals are required to inform supervisory authorities and patients within a specific timeframe if a data breach involving sensitive information occurs. This applies to data such as patient medical records, pregnancy status, or cancer diagnoses.

If an organization can prove they have implemented appropriate technical and organizational safeguards to protect data, such as encryption, they might not need to notify patients in case of a data breach.

The DPO acts as a point of contact for individuals whose data has been processed, helping them exercise their privacy rights related to their personal information.

The DPO provides guidance and advice to the organization on complying with data protection laws, ensuring all employees understand their responsibilities.

The DPO's role is independent and they report directly to the highest management level, ensuring they are free to fulfill their duty without undue influence.

Monitoring individuals includes any form of tracking or profiling, encompassing online activities such as behavioral advertising.

The DPO plays a crucial role in ensuring an organization's compliance with data protection legislation, encompassing training, audits, and awareness-raising initiatives.

A formal warning issued to a company or individual for potential GDPR violation. It signifies a preliminary step towards more serious action if the non-compliance persists.

A reprimand is a formal criticism or censure issued by a data protection authority for a confirmed GDPR violation. It serves as a public statement of disapproval and can be a significant reputational hit.

A temporary or permanent ban on processing personal data, imposed on a company for violating GDPR rules. This aims to prevent further damage by halting data processing activities.

A monetary penalty levied by a Data Protection Authority (DPA) upon a company for violating GDPR regulations. The maximum fine is €20 million or 4% of the company's global annual turnover, whichever is higher.

Determining factors used by the supervisory authority when assessing the severity of a GDPR violation and deciding the appropriate corrective action. These factors include the nature, gravity, duration, intentionality, and mitigating actions taken by the company.

A key obligation under GDPR, ensuring that data protection measures are effective, proportional to the potential risk, and deter further violations. Fines should act as a strong deterrent to prevent future breaches.

The use of appropriate technical safeguards and security measures by companies to protect personal data from unauthorized access, use, or disclosure. This includes measures to prevent cyberattacks and data breaches.

Situations where sensitive personal data, like financial information, health details, or political opinions, is affected by a data breach, leading to higher potential consequences and stricter sanctions.