1. What Is GDPR?
GDPR (General Data Protection Regulation) is a legal framework introduced by the European Union in 2018, designed to protect individuals’ personal data. Despite Brexit, the UK now enforces a version called UK GDPR, aligned with the original EU rules but governed domestically by the Information Commissioner’s Office (ICO).
GDPR applies to any business—large or small—that collects, processes, or stores personal data of UK or EU residents.
2. The 7 Principles of GDPR
At the heart of GDPR are seven core principles that guide how businesses must handle personal data:
- Lawfulness, fairness, and transparency
- Purpose limitation
- Data minimisation
- Accuracy
- Storage limitation
- Integrity and confidentiality (security)
- Accountability
Businesses must build these principles into their data processes and policies from the outset.
3. What Is Personal Data?
Personal data is any information that can identify a living person, either directly or indirectly.
Examples include:
- Names and email addresses
- IP addresses
- Financial or medical details
- Location data
- Photos or videos of individuals
Sensitive personal data—such as race, religion, health, or sexual orientation—requires even stricter handling.
4. Key Rights of Individuals Under GDPR
UK GDPR gives individuals greater control over their personal data. Their rights include:
- Right to be informed
- Right of access (via a Subject Access Request)
- Right to rectification
- Right to erasure (“right to be forgotten”)
- Right to restrict processing
- Right to data portability
- Right to object
- Rights related to automated decision-making
Businesses must have procedures in place to respond to these requests within one month.
5. Legal Grounds for Processing Data
To collect or process personal data, you must have a lawful basis. These include:
- Consent (freely given, clear, and specific)
- Contractual necessity
- Legal obligation
- Vital interests (e.g., life-saving situations)
- Public task
- Legitimate interests (balanced against individual rights)
Relying on consent? Make sure it’s active (no pre-ticked boxes) and easy to withdraw.
6. Data Breaches and Compliance
If you experience a data breach involving personal data, you must report it to the ICO within 72 hours, unless it’s unlikely to risk individuals’ rights or freedoms. You may also need to inform affected individuals directly.
Steps to stay compliant:
- Maintain updated privacy policies
- Conduct Data Protection Impact Assessments (DPIAs)
- Keep a data processing register
- Encrypt and secure stored data
- Train staff on data protection procedures
7. Penalties for Non-Compliance
Failure to comply with GDPR can result in severe penalties:
- Up to £17.5 million or 4% of annual global turnover (whichever is higher)
- Reputational damage
- Legal action from data subjects
The ICO may also issue warnings, audits, or enforcement notices.
Frequently Asked Questions
Is GDPR still applicable after Brexit?
Yes, UK GDPR mirrors EU GDPR with minor changes and is enforced by the ICO.
Do small businesses need to follow GDPR?
Yes. Any business handling personal data must comply, regardless of size.
Can I store customer emails without consent?
Only if you have another legal basis like a contractual or legitimate interest—and you must still inform them how you use their data.
Do I need a Data Protection Officer (DPO)?
Only if you process large-scale sensitive data or are a public authority. Otherwise, appointing a data lead is still a good practice.
Can I use GDPR-compliant tools from the US or EU?
Yes, but ensure they meet UK data transfer rules—use standard contractual clauses or check for adequacy decisions.
What’s the best way to show compliance?
Maintain records, train staff, conduct audits, and respond promptly to data subject requests.
Conclusion
GDPR isn’t just a legal requirement—it’s a framework for building customer trust and responsible data handling. By understanding your obligations and embedding data protection into your business practices, you safeguard both your customers and your reputation in an increasingly data-driven world.
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