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The following article was published in our article directory on November 25, 2021.
Learn more about SpinDistribute Article Distribution System.
Article Category: Computers and Technology
Author Name: Roland Costea - CISO at SAP
Ever since the GDPR or the General Data Protection Regulations law was enacted in 2018, US companies have been wondering if the law covers them. Basically, the answer is yes, if your website has users who reside in the European Union.
The GDPR is legislation that protects the personal data of �data subjects� in the European Union, giving them more control over it as well as providing more protection for their data. EU data subjects include individuals who are citizens of the European Union as well as citizens of other nations living in the EU, whose personal data is being processed or stored by businesses and other organizations, whether public or private. Organizations must be compliant with the GDPR even if they are processing personal data outside the EU.
However, data processing is covered by the GDRP only if it serves these purposes:
Selling goods and services
Monitoring a data subject�s behavior within the EU
Personal data, which is known as personally identifiable information in the US, is any data that can be used to identify an individual. Hence, it includes information such as their first and last names, birthdays, e-mail addresses and even browser history. This definition is considerably broader that that used by US data privacy laws, where �personally identifiable information� only covers data that can be used to commit fraud.
The GDPR outlines eight distinct rights that data subjects are entitled to, and which organizations� data practices must uphold, which are:
Right to information
Right to rectification
Right to erasure
Right to access
Right to object
Right to avoid automated decision-making
Right to data portability
Right to restriction of processing
To protect users� personal data, the GDPR has put in place strict rules for processing it, with the intention of preventing this from being collected without the users� consent. Some of the law�s key requirements are:
Requiring users� consent before their personal data is processed
Protecting users� privacy by making their collected data anonymous
Notifying users when there is a data breach
Data that is transferred across borders should be safely handled
Certain companies must employ a data protection officer to ensure compliance with the GDPR
The GDPR has �extra-territorial� scope meaning that it also covers websites based outside the EU as long as these process the data of EU data subjects. Hence, if your website has users from the EU, it has to be compliant with the GDPR.
Non-complia n c e c a n r e s u l t i n s u b s t a n t i a l f i n e s a n d p e n a l t i e s . F o r i n s t a n c e , A m a z o n a n n o u n c e d i n i t s J u l y 2 0 2 1 e a r n i n g s r e p o r t t h a t i t h a d b e e n l e v i e d a G D P R f i n e o f � 7 4 6 m i l l i o n ( e q u i v a l e n t t o $ 8 7 7 m i l l i o n ) , r e p o r t e d l y d u e t o i t s f a i l u r e s r e g a r d i n g p e r s o n a l d a t a c o l l e c t e d u s i n g c o o k i e s .