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Concept
General Data Protection Regulation
Summary
The General Data Protection Regulation (Regulation (EU) 2016/679, abbreviated GDPR) is a European Union regulation on Information privacy in the European Union (EU) and the European Economic Area (EEA). The GDPR is an important component of EU privacy law and human rights law, in particular Article 8(1) of the Charter of Fundamental Rights of the European Union. It also governs the transfer of personal data outside the EU and EEA. The GDPR's goals are to enhance individuals' control and rights over their personal information and to simplify the regulations for international business. It supersedes the Data Protection Directive 95/46/EC and, among other things, simplifies the terminology.
The European Parliament and Council of the European Union adopted the GDPR on 14 April 2016, to became effective on 25 May 2018. Because the GDPR is a regulation, rather than a European Union directive, it is directly binding and applicable, and it provides flexibility for individual member states to modify some provisions of the GDPR.
The regulation became a model for many other laws around the world, including in Turkey, Mauritius, Chile, Japan, Brazil, South Korea, South Africa, Argentina and Kenya. , the United Kingdom enacted its own law identical to the GDPR despite no longer being an EU member state. The California Consumer Privacy Act (CCPA), adopted on 28 June 2018, has many similarities with the GDPR.
The GDPR 2016 has eleven chapters, concerning general provisions, principles, rights of the data subject, duties of data controllers or processors, transfers of personal data to third countries, supervisory authorities, cooperation among member states, remedies, liability or penalties for breach of rights, and miscellaneous final provisions. Recital 4 proclaims that ‘processing of personal data should be designed to serve mankind’.
The regulation applies if the data controller (an organisation that collects information about living people, whether they are in the EU or not), or processor (an organisation that processes data on behalf of a data controller like cloud service providers), or the data subject (person) is based in the EU.
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