General Data Protection Regulation: Difference between revisions
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The GDPR has established a new global standard for data protection by codifying several fundamental principles, including transparency, accountability, and privacy by design. Organizations must not only comply with these principles but also be able to demonstrate their compliance through documentation and organizational measures. This comprehensive approach to data protection reflects the EU's position that privacy is a fundamental human right, building upon the privacy protections first established in the 1950 European Convention on Human Rights and updated for the digital age. | The GDPR has established a new global standard for data protection by codifying several fundamental principles, including transparency, accountability, and privacy by design. Organizations must not only comply with these principles but also be able to demonstrate their compliance through documentation and organizational measures. This comprehensive approach to data protection reflects the EU's position that privacy is a fundamental human right, building upon the privacy protections first established in the 1950 European Convention on Human Rights and updated for the digital age. | ||
The United Kingdom still enforces the GDPR<ref>https://ico.org.uk/for-organisations/data-protection-and-the-eu/data-protection-and-the-eu-in-detail/the-uk-gdpr/</ref> | The United Kingdom still enforces the GDPR,<ref>https://ico.org.uk/for-organisations/data-protection-and-the-eu/data-protection-and-the-eu-in-detail/the-uk-gdpr/</ref> allowing persons physically located within the UK the ability to request data exports and deletions from online services.<ref>https://www.vpaa.uillinois.edu/resources/policies/u_of_i_system_and_international_privacy_laws/the_eu_and_uk_general_data_protection_regulations</ref> | ||
==Summary== | ==Summary== | ||
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When automated decisions are made under contractual necessity or explicit consent, the data controller must implement safeguards including human intervention options, allowing individuals to express their views and contest decisions. Automated decisions cannot be based on special categories of personal data (such as race, health data, or political opinions) unless specific conditions are met and appropriate safeguards are in place. | When automated decisions are made under contractual necessity or explicit consent, the data controller must implement safeguards including human intervention options, allowing individuals to express their views and contest decisions. Automated decisions cannot be based on special categories of personal data (such as race, health data, or political opinions) unless specific conditions are met and appropriate safeguards are in place. | ||
=== Chapter 4: Controller and processor === | ===Chapter 4: Controller and processor=== | ||
Chapter 4 of the GDPR covers general obligations of controllers and processors of data, their security, impact assessments and responsibility.<ref>[https://gdpr-info.eu/chapter-4/ "Chapter 4: Controller and processor"] - gdpr-info.eu - 25 May 2018</ref> | Chapter 4 of the GDPR covers general obligations of controllers and processors of data, their security, impact assessments and responsibility.<ref>[https://gdpr-info.eu/chapter-4/ "Chapter 4: Controller and processor"] - gdpr-info.eu - 25 May 2018</ref> | ||
==== Article 28: Processor ==== | ====Article 28: Processor==== | ||
''Main wiki: [https://gdprhub.eu/index.php?title=Article_28_GDPR Article 28 GDPR]'' | ''Main wiki: [https://gdprhub.eu/index.php?title=Article_28_GDPR Article 28 GDPR]'' | ||
Outsourcing data processing to service providers is no excuse not to comply with GDPR, it is still up to the controller to ensure that the GDPR is complied with. | Outsourcing data processing to service providers is no excuse not to comply with GDPR, it is still up to the controller to ensure that the GDPR is complied with. | ||
==Consent-or-pay== | |||
''Main article: [[Consent-or-pay]]'' | |||
In response to the GDPR's demand for transparency in data collection, some companies have began a new practice in which viewers may enter the company's website either by accepting all cookies or by paying a monthly fee to protect their privacy. Although the fee's purpose is to offset the lost revenue from cookie rejection, it has been considered coercive and predatory by some, including policymakers, and Meta has been investigated and fined in 2024 for this practice. | |||
It is unclear how the European Commission will continue to handle the consent-or-pay practice in the future. | |||
==See also== | ==See also== | ||
*[[Consent-or-pay]] | |||
*https://gdprhub.eu, a wiki summarizing GDPR-related decisions by authorities and courts across Europe | *https://gdprhub.eu, a wiki summarizing GDPR-related decisions by authorities and courts across Europe | ||