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Personal data protection in the European Union

Personal data protection is becoming increasingly relevant in today's world, where information technology permeates all areas of life. The European Union (EU) is one of the leaders in regulating personal data protection. Its regulatory framework, particularly the General Data Protection Regulation (GDPR), establishes high protection standards and guarantees citizens' privacy rights.

General Data Protection Regulation (GDPR)

The GDPR, which came into effect on May 25, 2018, is the EU's primary legislative act on personal data protection. Its purpose is to ensure the protection of individuals' rights and freedoms during the processing of their personal data, as well as to harmonize the legislation of EU member states in this area.

Key Provisions of the GDPR

1. Transparency and Lawfulness of Processing:

   - Personal data processing must be lawful, fair, and transparent.

   - Data subjects must be informed about how their data is collected, used, stored, and shared.

2. Purpose Limitation:

   - Personal data should be collected for specific, clear, and lawful purposes and not processed in ways that are incompatible with those purposes.

3. Data Minimization:

   - The data processed must be adequate, relevant, and limited to what is necessary for the processing purpose.

4. Data Accuracy:

   - Data must be accurate and, where necessary, kept up to date.

5. Storage Limitation:

   - Data should be stored in a form that allows identification of data subjects no longer than necessary for the processing purpose.

6. Integrity and Confidentiality:

   - Data must be processed in a way that ensures proper security, including protection against unauthorized or unlawful processing and accidental loss, destruction, or damage.

7. Accountability:

   - Organizations processing data are responsible for adhering to data protection principles and must be able to demonstrate compliance.

Data Subject Rights

The GDPR provides several rights for data subjects, including:

1. Right of Access:

   - Data subjects have the right to know whether their personal data is being processed and to access that data.

2. Right to Rectification:

   - Data subjects have the right to request correction of inaccurate or incomplete data.

3. Right to Erasure ("Right to Be Forgotten"):

   - Data subjects may request the deletion of their personal data in certain circumstances.

4. Right to Restrict Processing:

   - Data subjects may request a restriction on processing their data in specific situations.

5. Right to Data Portability:

   - Data subjects have the right to receive their personal data in a structured, commonly used format and transfer it to another controller.

6. Right to Object:

   - Data subjects can object to the processing of their personal data based on their specific situation.

Accountability and Sanctions

The GDPR imposes strict sanctions for violations of personal data processing rules. Fines can reach up to 20 million euros or 4% of the company's annual global turnover, whichever is higher. This incentivizes companies to adhere to high data protection standards and handle personal data responsibly.

Conclusion

Personal data protection in the EU is a priority, and the GDPR establishes clear rules and high standards to ensure this protection. Compliance with the GDPR is essential for all companies dealing with EU citizens' data, regardless of their location. This not only protects citizens' rights but also fosters trust and security in the digital economy.

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‍Contact us: business@avitar.legal

Authors:

Serhii Floreskul

,

Violetta Loseva

,

10.15.2024 14:36
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