General Data Protection Regulation (GDPR)
The EU's landmark data protection law that governs how organisations collect, store, process, and transfer personal data of individuals in the European Economic Area.
Overview
The General Data Protection Regulation (GDPR) is the cornerstone of European data protection law, applicable since 25 May 2018. It replaced the 1995 Data Protection Directive and established a unified framework for data protection across all EU and EEA member states.
GDPR applies to any organisation — regardless of location — that processes personal data of individuals in the EU, provided it offers goods or services to EU residents or monitors their behaviour. This extraterritorial scope means companies worldwide must comply if they handle EU personal data.
The regulation is built on seven core principles: lawfulness, fairness, and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; and accountability. Organisations must demonstrate compliance with all seven principles, not merely assert it.
Key rights granted to individuals include the right of access, right to rectification, right to erasure ("right to be forgotten"), right to restrict processing, right to data portability, and the right to object. Data subjects must be informed about processing in clear, plain language.
Organisations processing personal data at scale or handling special categories of data (health, biometric, genetic, political opinions, religious beliefs, trade union membership, sexual orientation) must appoint a Data Protection Officer (DPO). All organisations must maintain records of processing activities and conduct Data Protection Impact Assessments (DPIAs) for high-risk processing.
Data breaches must be reported to the supervisory authority within 72 hours where feasible, and affected individuals must be notified without undue delay when the breach poses a high risk to their rights and freedoms. Cross-border data transfers outside the EEA require appropriate safeguards such as Standard Contractual Clauses (SCCs), Binding Corporate Rules (BCRs), or an adequacy decision from the European Commission.
Key Articles & Provisions
Principles relating to processing of personal data
Establishes the seven foundational principles: lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity and confidentiality, and accountability.
Lawfulness of processing
Defines six legal bases for processing: consent, contract, legal obligation, vital interests, public interest, and legitimate interests. At least one must apply to every processing activity.
Information to be provided to data subjects
Requires organisations to provide transparent, concise information about processing purposes, legal basis, data retention, and rights — both when data is collected directly and indirectly.
Rights of the data subject
Covers access, rectification, erasure, restriction, portability, objection, and automated decision-making. Organisations must respond within one month, extendable to three months for complex requests.
Data protection by design and by default
Requires organisations to implement data protection measures from the earliest stages of system design, and to process only the minimum data necessary by default.
Notification of personal data breach
Mandates 72-hour breach notification to the supervisory authority and notification to affected individuals without undue delay when a high risk to rights and freedoms exists.
Data protection impact assessment (DPIA)
Requires a DPIA before processing likely to result in high risk, including systematic profiling, large-scale processing of special categories, and systematic monitoring of public areas.
Transfers of personal data to third countries
Governs international data transfers, requiring adequacy decisions, Standard Contractual Clauses, Binding Corporate Rules, or other approved mechanisms.
Penalties & Enforcement
€20,000,000
4% of annual global turnover
Enforcement Examples
- •Amazon (Luxembourg) — €746 million (2021) for behavioural advertising practices without valid consent
- •Meta/Instagram (Ireland) — €405 million (2022) for processing children's personal data
- •Meta/WhatsApp (Ireland) — €225 million (2021) for transparency failures in privacy notices
- •Google (France) — €150 million (2022) for making cookie rejection more difficult than acceptance
- •H&M (Germany) — €35.3 million (2020) for extensive employee surveillance at its Nuremberg service centre
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Start Free AssessmentDisclaimer: The information on this page is for educational purposes and does not constitute legal advice. For specific compliance guidance, consult a qualified legal professional in your jurisdiction.
General Data Protection Regulation (GDPR) by Country
Explore how General Data Protection Regulation is implemented and enforced in each EU member state.
General Data Protection Regulation (GDPR) by Industry
See industry-specific requirements and guidance for General Data Protection Regulation.