The EU GDPR refers to:Regulation (EU) 2016/679 of the European Parliament and of the Council of the European Union of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) 
 
The regulation comprises 11 Chapters and 99 Articles.   Understanding these will provide direction as to the steps organisations need to implement in the European Union, organisations who trade with the EU, and South Africa in anticipation of the implementation of the Pretection of Personal Information Act, South Africa's Privacy law.. 
 
Insight into each of these will be provided on this site over time.  Below is a summary of the contents of the General Data Protection Regulation. 
 
Table of Contents

GDPR General provisions

Chapter 1: General Provisions
Article 1: Subject matter and objectives
Article 2: Material scope
Article 3: Territorial scope
Article 4: Definitions
 

GDPR Principles

Chapter 2: Principles
Article 5: Principles relating to personal data processing
Article 6: Lawfulness of processing
Article 7: Conditions for consent
Article 8: Conditions applicable to child's consent in relation to information society services
Article 9: Processing of special categories of personal data
Article 10: Processing of personal data relating to criminal convictions and offences
Article 11: Processing which does not require identification
 

GDPR: Rights of the data subject

Chapter 3: Rights of the Data Subject
Section 1: Transparency and Modalities
Article 12: Transparent information, communication and modalities for the exercise of the rights of the data subject
 

GDPR: Information and Access to data

Section 2: Information and Access to Data
Article 13: Information to be provided where personal data are collected from the data subject
Article 14: Information to be provided where personal data have not been obtained from the data subject
Article 15: Right of access by the data subject
 

GDPR: Rectification and erasure

Section 3: Rectification and Erasure
Article 16: Right to rectification
Article 17: Right to erasure ('right to be forgotten')
Article 18: Right to restriction of processing
Article 19: Notification obligation regarding rectification or erasure of personal data or restriction of processing
Article 20: Right to data portability
 

GDPR: Right to object and automated individual decision making

Section 4: Right to object and automated individual decision making
Article 21: Right to object
Article 22: Automated individual decision-making, including profiling
 

GDPR: Restrictions

Section 5: Restrictions
Article 23: Restrictions
 

GDPR: Controller and processsor

Chapter 4: Controller and Processor
Section 1: General Obligations
Article 24: Responsibility of the controller
Article 25: Data protection by design and by default
Article 26: Joint controllers
Article 27:  Representatives of controllers not established in the Union
Article 28: Processor
Article 29: Processing under the authority of the controller or processor
Article 30: Records of processing activities
Article 31: Cooperation with the supervisory authority
 

GDPR: Security of personal data

Section 2: Security of personal data
Article 32: Security of processing
Article 33: Notification of a personal data breach to the supervisory authority
Article 34: Communication of a personal data breach to the data subject
 

GDPR: Data protection impact assessment and prior consultation

Section 3: Data protection impact assessment and prior consultation
Article 35: Data protection impact assessment
Article 36: Prior Consultation
 

GDPR: Data protection officer

Section 4: Data protection officer
Article 37: Designation of the data protection officer
Article 38: Position of the data protection officer
Article 39: Tasks of the data protection officer
 

GDPR: Codes of conduct and certification

Section 5: Codes of conduct and certification
Article 40: Codes of Conduct
Article 41: Monitoring of approved codes of conduct
Article 42: Certification
Article 43: Certification Bodies
 

GDPR: Transfer of personal data to third countries of international organizations

Chapter 5: Transfer of personal data to third countries or international organizations
Article 44: General Principle for transfer
Article 45: Transfers on the basis of an adequacy decision
Article 46: Transfers subject to appropriate safeguards
Article 47: Binding corporate rules
Article 48: Transfers or disclosures not authorised by Union law
Article 49: Derogations for specific situations
Article 50: International cooperation for the protection of personal data
 

GDPR: Independent Supervisory Authorities

Chapter 6: Independent Supervisory Authorities
Section 1: Independent status
Article 51: Supervisory Authority
Article 52: Independence
Article 53: General conditions for the members of the supervisory authority
Article 54: Rules on the establishment of the supervisory authority
 

GDPR: Competence, Tasks, and Powers

Section 2: Competence, Tasks, and Powers
Article 55: Competence
Article 56: Competence of the lead supervisory authority
Article 57: Tasks
Article 58: Powers
Article 59: Activity reports
 

GDPR: Co-operation and Consistency

Chapter 7: Co-operation and consistency
Section 1: Co-operation
Article 60: Cooperation between the lead supervisory authority and the other supervisory authorities concerned
Article 61: Mutual Assistance
Article 62: Joint operations of supervisory authorities
 

GDPR: Consistency

Section 2: Consistency
Article 63: Consistency mechanism
Article 64: Opinion of the Board
Article 65: Dispute resolution by the Board
Article 66: Urgency procedure
Article 67: Exchange of information
 

GDPR: European Data Protection Board

Section 3: European Data Protection Board
Article 68: European Data Protection Board
Article 69: Independence
Article 70: Tasks of the Board
Article 71: Reports
Article 72: Procedure
Article 73: Chair
Article 74: Tasks of the Chair
Article 75: Secretariat
Article 76: Confidentiality
 

GDPR: Remedies, liability, and sanctions

Chapter 8: Remedies, liability, and sanctions
Article 77: Right to lodge a complaint with a supervisory authority
Article 78: Right to an effective judicial remedy against a supervisory authority
Article 79: Right to an effective judicial remedy against a controller or processor
Article 80: Representation of data subjects
Article 81: Suspension of proceedings
Article 82: Right to compensation and liability
Article 83: General conditions for imposing administrative fines
Article 84: Penalties
 

GDPR: Provisions relating to specific processing situations

Chapter 9: Provisions relating to specific processing situations
Article 85: Processing and freedom of expression and information
Article 86: Processing and public access to offical documents
Article 87: Processing of the national identification number
Article 88: Processing in the context of employment
Article 89: Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
Article 90: Obligations of secrecy
Article 91: Existing data protection rules of churches and religious associations
 

GDPR: Delegated Acts and Implementing Acts

Chapter 10: Delegated Acts and Implementing Acts
Article 92: Exercise of the delegation
Article 93: Committee procedure

GDPR: Final provisions

Chapter 11: Final provisions
Article 94: Repeal of Directive 95/46/EC
Article 95: Relationship with Directive 2002/58/EC
Article 96: Relationship with previously concluded Agreements
Article 97: Commission Reports
Article 98: Review of other Union legal acts on data protection
Article 99: Entry into force and application

GDPR - the basics

   

In May next 2018, the Data Protection Act (DPA) will be replaced by the EU’s General Data Protection Regulation (GDPR). This framework will have greater scope and much tougher punishments for those who fail to comply with new rules around the storage and handling of personal data.

While this new framework comes into place as the UK enters the process of uncoupling from the EU, the Great Repeal Act means it it is likely to be converted into British law.

The GDPR Regulation extends the data rights of individuals, and requires organisations to develop clear policies and procedures to protect personal data, and adopt appropriate technical and organisational measures. font-family:

How will Brexit impact GDPR?

UK organisations handling personal data will still need to comply with the GDPR, regardless of Brexit. The GDPR will come into force before the UK leaves the European Union, and the government has confirmed that the Regulation will apply, a position that has been confirmed by the Information Commissioner.

 

 

  

General Data Protection Regulation (GDPR)

 

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