GDPR Compliance: A Practical Implementation Guide

GDPR Fundamentals

The General Data Protection Regulation (GDPR), in effect since May 2018, governs the processing of personal data of individuals in the European Economic Area (EEA). It applies to any organisation, regardless of location, that processes the personal data of EEA residents. Non-compliance can result in fines of up to 20 million euros or 4% of annual global turnover, whichever is higher.

Establishing a Lawful Basis

Every processing activity must have a valid lawful basis under Article 6. The six bases are:

• Consent: The data subject has given clear, affirmative consent for a specific purpose
• Contract: Processing is necessary to perform or prepare a contract with the data subject
• Legal obligation: Processing is necessary to comply with a legal requirement
• Vital interests: Processing is necessary to protect someone's life
• Public task: Processing is necessary for a task in the public interest
• Legitimate interests: Processing is necessary for legitimate interests, provided those interests are not overridden by the data subject's rights

Document the lawful basis for each processing activity in your Records of Processing Activities (ROPA).

Data Subject Rights

GDPR grants individuals extensive rights over their personal data. Your organisation must fulfil requests within one month:

• Right of access (Article 15): Individuals can request a copy of their personal data
• Right to rectification (Article 16): Correction of inaccurate data
• Right to erasure (Article 17): Also known as the right to be forgotten
• Right to restriction (Article 18): Limited processing in certain circumstances
• Right to data portability (Article 20): Data in a machine-readable format
• Right to object (Article 21): Object to processing based on legitimate interests or direct marketing

Build workflows and technical capabilities to handle these requests efficiently.

Data Protection Impact Assessments

DPIAs are required under Article 35 when processing is likely to result in high risk to individuals. Common triggers include large-scale processing of special category data, systematic monitoring, and automated decision-making with significant effects. A DPIA should describe the processing, assess necessity, identify risks, and define mitigating measures.

Records of Processing Activities

Article 30 requires detailed records including purposes of processing, categories of data, recipients, international transfers, retention periods, and security measures. The ROPA serves as the backbone of your compliance documentation.

Breach Notification

Article 33 requires notification to the supervisory authority within 72 hours of becoming aware of a personal data breach, unless unlikely to risk individuals' rights. Article 34 requires individual notification when risk is high. To meet these obligations:

• Establish incident detection and classification processes
• Define escalation procedures and decision-making authority
• Prepare breach notification templates
• Train staff to recognise and report potential breaches
• Maintain a breach register documenting all incidents

Building a Compliance Programme

Effective GDPR compliance requires ongoing effort: appoint a Data Protection Officer if required, conduct regular training, review privacy notices, implement privacy by design in new projects, and perform periodic compliance assessments. GDPR requires embedding privacy into organisational culture and business processes to achieve lasting compliance.