The Regulation

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Just as data is increasingly pervasive and integral to business operations today, the GDPR as a regulation will have broad and meaningful impact on how global operators when it goes live on May 25, 2018.

As businesses┬áprepare for compliance, it may be helpful context to remember that the GDPR exhorts data controllers to begin with data protection in mind. In other words, compliance should not be an afterthought to ensure one is within the confines of the law, but instead be baked into core product and operational design in the first place. For some industries and organizations that are laggards in data protection practices, this may entail material cost to rectify and catch up to “Data protection by design and by default”, the title of GDPR’s Article 25 (emphasis added):

1. Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the processing, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures, such as pseudonymisation, which are designed to implement data-protection principles, such as data minimisation, in an effective manner and to integrate the necessary safeguards into the processing in order to meet the requirements of this Regulation and protect the rights of data subjects.

2. The controller shall implement appropriate technical and organisational measures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed. That obligation applies to the amount of personal data collected, the extent of their processing, the period of their storage and their accessibility. In particular, such measures shall ensure that by default personal data are not made accessible without the individual’s intervention to an indefinite number of natural persons.

3. An approved certification mechanism pursuant to Article 42 may be used as an element to demonstrate compliance with the requirements set out in paragraphs 1 and 2 of this Article.

The full text of GDPR can be found here.

Check out “The Regulation” parent menu to learn more about specific aspects of the GDPR.