Guide to the General Data Protection Regulation (GDPR)

The six data processing principles

Data controllers must comply with six data processing principles. Personal data must be:

1. Processed lawfully, fairly and transparently.
2. Collected only for specific legitimate purposes.
3. Adequate, relevant and limited to what is necessary.
4. Accurate and, where necessary, kept up to date.
5. Stored only as long as is necessary.
6. Processed in a manner that ensures appropriate security.

Lawful processing

Except for special categories of personal data, which cannot be processed except under certain circumstances, personal data can only be processed:

• If the data subject has given their consent;
• To meet contractual obligations;
• To comply with legal obligations;
• To protect the data subject’s vital interests;
• For tasks in the public interest; and
• For the legitimate interests of the organisation.

  Read our blog, GDPR: lawful bases for processing, with examples

Data subjects’ rights

Data subjects have:

• The right to be informed;
• The right of access;
• The right to rectification;
• The right to erasure;
• The right to restrict processing;
• The right to data portability;
• The right to object; and
• Rights concerning automated decision-making and profiling.

  Read our blog, What are the data subject rights under the GDPR?

Valid consent

There are strict rules regarding consent:

• Consent must be freely given, specific, informed and unambiguous.
• A request for consent must be intelligible and in clear, plain language.
• Silence, pre-ticked boxes and inactivity will no longer suffice as consent.
• Consent can be withdrawn at any time.
• Consent for online services from a child is only valid with parental authorisation.
• Organisations must be able to evidence consent.

Data protection by design and by default

Data controllers and processors must implement technical and organisational measures that are designed to implement the data processing principles effectively.

• Appropriate safeguards should be integrated into the processing.
• Data protection must be considered at the design stage of any new process, system or technology.
• A DPIA is an integral part of privacy by design.

  Read our blog, The GDPR’s requirements for encryption

Transparency and privacy notices

Organisations must be clear about how, why and by whom personal data will be processed.

• When personal data is collected directly from data subjects, data controllers must provide a privacy notice at the time of collection.
• When personal data is not obtained directly from data subjects, data controllers must provide a privacy notice without undue delay, and within a month. This must be done the first time they communicate with the data subject.
• For all processing activities, data controllers must decide how the data subjects will be informed, and design privacy notices accordingly. Notices can be issued in stages.
• Privacy notices must be provided to data subjects in a concise, transparent and easily accessible form, using clear and plain language.

International data transfers

The GDPR permits international transfers of personal data under certain circumstances:

• Where the destination country has an adequacy decision, demonstrating that it provides an adequate level of data protection;
• Through SCCs (standard contractual clauses) or binding corporate rules; or
• By complying with an approved certification mechanism.

On 28 June 2021, the European Commission announced that it had adopted an adequacy decision in respect of the UK’s post-Brexit data protection regime.

This means personal data can continue to flow from the EEA to the UK, without the need for organisations to use SCCs or other means of ensuring that appropriate safeguards apply.

The UK’s data protection regime will be deemed adequate for four years, after which the adequacy findings will be renewed only if the UK continues to afford EU residents’ personal data an adequate level of protection, in line with the EU GDPR. If UK data protection law deviates from the EU GDPR to a significant extent, the Commission could withdraw the decision.

See our UK data protection law and Brexit page for more information.

Many UK-based organisations that process EU residents’ personal data also need to appoint an EU representative.

Mandatory data breach notification

The GDPR defines a personal data breach as “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed”.

• Data processors are required to report all breaches of personal data to data controllers.
• Data controllers are required to report breaches to the supervisory authority (the ICO (Information Commissioner’s Office) in the UK) within 72 hours of becoming aware of them if there is a risk to data subjects’ rights and freedoms.
• Data subjects themselves must be notified without undue delay if there is a high risk to their rights and freedoms.

 Read our blog, GDPR data breach notification: A quick guide

DPOs (data protection officers)

Appointing a DPO is mandatory for:

• Public authorities;
• Organisations involved in high-risk processing; and
• Organisations processing special categories of data.

A DPO has set tasks:

• Inform and advise the organisation of its obligations.
• Monitor compliance, including awareness-raising, staff training and audits.
• Cooperate with data protection authorities and act as a contact point.

 Find out more about the DPO role under the GDPR