Approved in 2016 and passed as law in 2018, it creates a legal framework for rules on the collection of personal data and its use. The Data Protection Act 2018 covers the UK’s current GDPR laws. 

GDPR gives individuals the right to find out what information the government and other organizations hold about them. Businesses must follow rules on how they collect, use and store personal data.

Key Components of GDPR

Definition of Personal Data: Personal data refers to any information that can identify a natural person, directly or indirectly. This includes names, identification numbers, contact details, IP addresses, biometrics, and various identifiers that reveal an individual's physical, genetic, cultural, or social identity. 

Sensitive Data Processing: The collection and processing of sensitive data, such as health-related information, require careful justification. Depending on the context and scale of processing, it may necessitate appointing a Data Protection Officer (DPO) within the organization.

Data Owner: A data owner is a natural person identifiable by unique identifiers such as a name, identification number, location data, or specific physical, physiological, genetic, mental, economic, cultural, or social identity data.

Personal Data Processing: This encompasses any activity related to an individual's personal data, from its collection to erasure. It includes operations like access, consultation, printing, and sending. Data owners can impose limitations on the processing of their personal data.

Data Controller Responsibilities: The data controller is responsible for establishing the purposes and means of processing personal data. They are accountable for compliance with GDPR regulations, including ensuring the integrity and confidentiality of the data.

Consent and Data Collection: Personal data is largely only to be collected and processed with the explicit consent of the data owner. The consent of minors must be provided by their legal guardians. In cases of regular data monitoring or processing special categories of data, a data protection officer must be designated.

Data Breaches: A personal data breach involves any security breach leading to accidental or illicit destruction, loss, alteration, or unauthorized disclosure of or access to personal data.

The Significance of GDPR

The General Data Protection Regulation (GDPR) marks a pivotal shift in data protection and privacy, particularly impacting how personal data is handled in the workplace. Enacted by the European Parliament, GDPR underscores a set of fundamental rights and principles, including the right to data protection as stipulated in the Charter of the European Union. It emphasizes the need for lawful, fair, and transparent processing of personal data, with strict guidelines on collection, use, and storage. The regulation mandates organizations to appoint a Data Protection Officer (DPO) in certain cases, particularly where large-scale processing of sensitive data, such as biometric data, occurs.

Central to GDPR is the empowerment of individuals over their personal information. It ensures that data owners, those identifiable by their personal data, are informed and have control over how their data is used. GDPR's stringent approach, including potential fines up to €20 million for non-compliance, signifies a major shift in European data protection. This paradigm shift extends to all member countries of the European Community, compelling public authorities and enterprises to reassess and enhance their data processing practices. GDPR's significance lies in its comprehensive coverage and its binding effect on organizations within and outside the European Union (EU), ensuring a uniform standard of data protection across the EU.

How Companies Can Integrate GDPR Effectively

Embed Data Protection in Your Workplace Culture

Data protection compliance is a critical responsibility across all organizational levels. Educating employees and raising awareness about data privacy is vital. Implement policies and procedures to clearly outline your organization's approach to data privacy. Enforce these policies robustly, highlighting the consequences of noncompliance. Incorporate staff training into your educational programs to ensure your workforce understands their obligations in handling the company's data, aligning with data protection regulation GDPR and data protection law.

Revisit Your Employment Contracts

Relying solely on employees' consent to process their personal information is not advisable. Instead, determine if you are relying on legitimate interests, performance of contract, or legal obligation. Update your contracts of employment to reflect these lawful grounds. Use the Legitimate Interest Assessment Tool to identify and mitigate privacy risks when unsure about relying on legitimate interests.

Issue a Staff Privacy Notice

Under GDPR, a key principle is the right to be informed about the processing of personal data. Ensure your organization complies with this by issuing a privacy notice to all staff, including job applicants. For creating the privacy notice, refer to the Information Commissioner's Office for guidance.

Implement a Data Protection Policy/Privacy Standard

Effective data protection policies and privacy standards are crucial for making employees aware of their data protection responsibilities. Review and update your policies, especially those related to IT use or monitoring, to ensure your staff understands their responsibilities in connection with GDPR.

Review All Recruitment and Benefit Forms

Apply the principle of data minimization under GDPR in your recruitment and benefit forms, ensuring only necessary information is requested. Be mindful of the data transferred to third parties, such as payroll or healthcare providers, and ensure GDPR-compliant data-controller-to-processor contractual arrangements.

Uniform Approach to Data Subject Access Requests

Implement a short-form policy to educate employees about Data Subject Access Requests (DSARs) and how the company handles them. Document internal procedures for DSARs to ensure uniform and timely responses, possibly using template response documents.

Know What to Do in the Event of a Personal Data Breach

Train your employees to recognize and report personal data breaches internally. Provide guidelines for the individuals handling the breach to assess risks, notification obligations, and implement preventative measures for the future.

Set Out Your Procedure on Retention and Destruction of HR Documents

Adhere to the principle of storage limitation under GDPR by not retaining data longer than necessary and for legitimate purposes only. Document your retention periods and reasons in a companywide policy or a stand-alone HR document policy.

Review All Consultancy Agreements

Review how personal data is handled between your organization and consultants. Issue privacy notices to consultants when necessary. Ensure consultancy agreements contain mandatory processor obligations if the consultant processes the company's personal data.

Remember Data Protection Fee

Ensure to pay the data protection fee to avoid fines from the Information Commissioner's Office. This is a crucial aspect of being GDPR compliant and adhering to European Union (EU) regulations.

GDPR in a Nutshell

• The General Data Protection Regulation (GDPR) is a European Union law that governs how companies may collect and use the personal data of EU residents. 
• The EU’s GDPR establishes standards that help ensure that this data is not stored, handled or shared in a way that would expose individuals to risk. The law also specifies how organizations must respond in case of a data breach.
• Playroll simplifies GDPR compliance for businesses by offering streamlined HR processes and data management tools, ensuring personal information is handled securely and in accordance with the latest data protection regulations. This system is designed to assist in facilitating compliance with key GDPR requirements.

GDPR FAQs

What is the purpose of GDPR?

The General Data Protection Regulation (GDPR) is designed to enhance control over personal data, increasing confidence and security for data subjects. It ensures that personal data is used solely for the intended purposes, highlighting the importance of GDPR compliance.

When did GDPR come into effect?

The European Union General Data Protection Regulation (GDPR) took effect on May 25, 2018.

What are some key features of the GDPR? 

A key feature of the GDPR is that it codifies a set of specific data subject rights which empower individuals to make specific data subject access requests to organizations. This article details what those requests are and how your organization is required to handle them. It also offers solutions that can help you provide prompt and accurate responses to GDPR data requests so you can avoid penalties of ten million euros or more.