GDPR
17 requirements

GDPR Requirements: Complete Guide to EU Data Protection Regulation

The General Data Protection Regulation (GDPR) is the European Union comprehensive data protection law that applies to any organization processing personal data of EU residents. Enacted in 2018, it establishes strict requirements for data collection, processing, storage, and deletion. Non-compliance can result in fines up to 4% of global annual revenue or 20 million euros, whichever is higher. This guide covers the key articles and requirements you need to understand.

Core Principles (Articles 5-11)

The foundational principles that govern all personal data processing under GDPR. Every other requirement builds on these principles.

Art. 5

Principles Relating to Processing of Personal Data

All personal data processing must follow seven principles: lawfulness, fairness, and transparency; purpose limitation; data minimization; accuracy; storage limitation; integrity and confidentiality; and accountability. These principles are the foundation of everything else in GDPR.

Art. 6

Lawfulness of Processing

You must have a valid legal basis for every instance of data processing. The six lawful bases are: consent, contractual necessity, legal obligation, vital interests, public interest, and legitimate interests. You must document which basis applies to each processing activity.

Art. 7

Conditions for Consent

When consent is your legal basis, it must be freely given, specific, informed, and unambiguous. You must be able to demonstrate that consent was given. People must be able to withdraw consent as easily as they gave it.

Art. 9

Processing of Special Categories of Data

Special categories of data (racial/ethnic origin, political opinions, religious beliefs, health data, biometric data, etc.) require extra protection. Processing is generally prohibited unless a specific exception applies, such as explicit consent or employment law requirements.

Data Subject Rights (Articles 12-22)

GDPR grants individuals significant rights over their personal data. You must have processes to fulfill these rights within required timeframes.

Art. 12

Transparent Information and Communication

All information provided to data subjects must be in clear, plain language. When someone exercises their rights, you must respond within one month. Communications must be concise, transparent, and easily accessible.

Art. 13-14

Information to Be Provided at Data Collection

When collecting personal data, you must tell people: who you are, why you are collecting data, the legal basis, who will receive the data, retention periods, their rights, and whether data will be transferred internationally. This applies whether data is collected directly (Art. 13) or indirectly (Art. 14).

Art. 15

Right of Access

People have the right to obtain confirmation of whether you process their data and, if so, access to that data plus information about how it is processed. You must provide a copy of the data free of charge within one month.

Art. 17

Right to Erasure (Right to Be Forgotten)

People can request deletion of their personal data when it is no longer necessary, they withdraw consent, they object to processing, or the data was unlawfully processed. You must also inform other recipients of the erasure request.

Art. 20

Right to Data Portability

People have the right to receive their personal data in a structured, commonly used, machine-readable format. They can also request that you transfer their data directly to another organization where technically feasible.

Controller and Processor Obligations (Articles 24-43)

Requirements for organizations that control or process personal data, including data protection by design, record-keeping, and security measures.

Art. 25

Data Protection by Design and by Default

You must build data protection into your systems and processes from the start, not bolt it on later. By default, only personal data necessary for each specific purpose should be processed. This applies to the amount of data, extent of processing, storage period, and accessibility.

Art. 28

Processor Requirements

When you use a third-party processor, you must have a written contract (Data Processing Agreement) that specifies the subject matter, duration, nature of processing, and obligations. The processor must only act on your documented instructions.

Art. 30

Records of Processing Activities

You must maintain detailed records of all data processing activities. These records must include purposes, data categories, recipients, transfers, retention periods, and security measures. This record must be available to supervisory authorities on request.

Art. 32

Security of Processing

You must implement appropriate technical and organizational security measures. This includes encryption, pseudonymization, ability to ensure ongoing confidentiality, ability to restore data after incidents, and regular testing of security measures. The measures must be proportionate to the risk.

Art. 33-34

Breach Notification

You must notify your supervisory authority within 72 hours of becoming aware of a personal data breach that poses a risk to individuals. If the breach poses a high risk, you must also notify the affected individuals directly without undue delay.

Art. 35

Data Protection Impact Assessment (DPIA)

Before processing that is likely to result in high risk to individuals, you must conduct a Data Protection Impact Assessment. This is required for systematic monitoring, large-scale processing of special categories, or automated decision-making. The DPIA must describe the processing, assess necessity and proportionality, and identify risk mitigation measures.

Art. 37-39

Data Protection Officer (DPO)

You must appoint a Data Protection Officer if you are a public authority, your core activities involve regular systematic monitoring of individuals at large scale, or your core activities involve large-scale processing of special categories. The DPO must be independent and report to the highest management level.

International Transfers (Articles 44-49)

Requirements for transferring personal data outside the European Economic Area.

Art. 44-49

Transfers to Third Countries

Personal data can only be transferred outside the EEA if the destination country has adequate protection (adequacy decision), you use appropriate safeguards (Standard Contractual Clauses, Binding Corporate Rules), or a specific derogation applies. The Schrems II ruling requires additional assessment of destination country surveillance laws.

Frequently Asked Questions

Who does GDPR apply to?

GDPR applies to any organization that processes personal data of EU residents, regardless of where the organization is based. A US company serving EU customers must comply with GDPR.

What are the GDPR fines?

GDPR fines can reach up to 4% of global annual revenue or 20 million euros, whichever is higher, for the most serious violations. Lower-tier fines up to 2% or 10 million euros apply for less severe breaches.

Do I need a Data Protection Officer?

A DPO is mandatory if you are a public authority, if your core activities require regular systematic monitoring of individuals at large scale, or if you process special categories of data at large scale. Many organizations appoint a DPO voluntarily as best practice.

What is a Data Processing Agreement?

A DPA is a legally binding contract between a data controller and a data processor. It must specify the scope of processing, security measures, sub-processor management, and data subject rights handling. GDPR Article 28 requires DPAs for all controller-processor relationships.

How quickly must I report a data breach?

You must notify your supervisory authority within 72 hours of becoming aware of a breach that poses a risk to individuals. If the breach poses a high risk to individuals, you must also notify them directly without undue delay.

What policies do I need for GDPR compliance?

Key GDPR policies include a data protection policy, privacy notice, DSAR procedure, data retention policy, breach notification procedure, data processing agreements, and data protection impact assessment procedure. PoliWriter generates all of these customized to your organization.

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