GDPR and cybersecurity: data protection

Introduction to the GDPR

The GDPR is the acronym for General Data Protection Regulation. This is a European Union law adopted to harmonize personal data protection laws across the EU and to strengthen citizens’ rights regarding the management of their data.

The GDPR was approved by the European Parliament on 27 April 2016 and officially entered into force on 24 May 2016, but its implementation took place two years later, therefore starting from 25 May 2018. 

From that moment on, all organisations, regardless of their location, that process personal data of European Union citizens are obliged to comply with this legislation.

In general, the GDPR requires that companies must collect and process personal data in a lawful, transparent and limited way to the stated  processing purposes .

Individuals have the right to know what data is collected about them, to access that data, to request rectification or deletion, and to object to certain methods of processing. Furthermore, the regulation requires companies to implement adequate technical and organizational measures to ensure the security of personal data, preventing unauthorized access and other threats that could compromise the privacy of individuals.

GDPR and IT security: an essential combination

The European Data Protection Regulation , known as GDPR, was introduced to ensure that the rights and freedoms of natural persons are adequately protected in the context of the processing of personal data . 

This has posed new challenges for businesses, especially in relation to cybersecurity . Although some believe that “ cyber security is excluded from the GDPR ,” in reality, the GDPR requires every organization to put in place appropriate technical and organizational measures to protect data.

The basics of the GDPR and cybersecurity

The GDPR not only establishes how data should be processed, but also imposes specific IT security measures . These measures are necessary to ensure that the processing of personal data takes place in a secure context, taking into account the state of the art and the risk of varying probability that can affect IT systems . 

It is clear that while the GDPR does not provide technical details on how to implement security, it still requires companies to ensure an adequate level of security to prevent unauthorized access and other breaches.

The principle of accountability

One of the key concepts of the GDPR is the principle of accountability . This principle requires companies to be able to demonstrate that the technical and organizational measures adopted comply with the GDPR. 

It’s not just about complying with regulations, but being able to prove that the organization has put in place measures that are proportionate to the purpose of the data processing and the context and purposes for which this data is collected and managed. 

This requires continuous risk assessment and the implementation of solutions that take into account the state of the art in GDPR cybersecurity .

Adequate technical and organizational measures

In the context of the GDPR, gdpr cybersecurity measures must be “adequate”, but what does this mean in practice? 

The GDPR specifies that measures must be proportionate to the risk associated with the processing of personal data . 

This implies that companies must carry out a risk assessment to identify potential threats and vulnerabilities. Measures may include the use of encryption technologies, stringent access controls, monitoring of computer systems , and procedures to ensure data confidentiality, integrity, and availability.

For example, a small business that handles limited personal data might take relatively simple measures, such as strong passwords and regular software updates. In contrast, a large company dealing with sensitive data may need to implement more complex solutions, such as multi-factor authentication systems and advanced encryption, to ensure an adequate level of security .

The processing implements security measures

Organizations are required to ensure that any processing of personal data implements appropriate security measures. 

This means that security is not something that can only be considered at the beginning of a project or during the design of a system, but must be integrated into every phase of the data lifecycle. The European regulation emphasizes that companies must consider the context and purposes of the processing and take into account the state of the art when deciding which measures to take.

Measures may include adopting security policies, training staff, implementing advanced technological solutions and creating processes to manage data breaches. This proactive approach is essential to maintaining GDPR compliance and protecting data effectively.

The link between GDPR and cybersecurity

In summary, the GDPR and cybersecurity are closely linked. While cybersecurity is not the sole focus of the GDPR, it is clear that the regulation requires organizations to take appropriate technical and organizational measures to protect personal data. 

This requires a continuous commitment by companies to assess risks, adopt best practices and ensure an adequate level of security to prevent unauthorized access and other threats. In an increasingly digital world, data protection is not just a matter of regulatory compliance, but is also fundamental to safeguarding the rights and freedoms of natural persons. 

Frequently asked questions

What is GDPR and how does it affect cybersecurity?
The GDPR is a European regulation that establishes rules for the protection of personal data. It requires the adoption of IT security measures to protect such data.

Is cybersecurity excluded from the GDPR?
No, cybersecurity is not excluded from the GDPR. Indeed, the GDPR requires the adoption of adequate technical and organizational measures to guarantee data security.

What are appropriate technical and organizational measures?
They are practices and tools adopted by companies to ensure that personal data is processed securely, taking into account the state of the art and risks.

Does GDPR require data encryption?
The GDPR does not explicitly require encryption, but considers it a useful measure in many cases to protect personal data.

How do you demonstrate GDPR compliance?
Through the principle of accountability, which requires documenting and demonstrating the adoption of security measures appropriate to the context and purposes of data processing.

What is the role of data processing in the GDPR?
Data processing is any operation performed on personal data. The GDPR requires that all processing is safe and compliant with the rules of the regulation.

What does “adequate level of security” mean?
It means adopting security measures proportionate to the risk associated with data processing, also considering the context and purposes of the processing.

Does GDPR only apply to large companies?
No, the GDPR applies to all organisations, regardless of size, that process the personal data of EU citizens.

How are data breaches handled under the GDPR?
Violations must be reported to the competent authorities within 72 hours and, in some cases, to the interested parties. 

Does the GDPR require the use of advanced technologies?
The GDPR requires that the security measures adopted are appropriate, taking into account the state of the art, but does not specify particular technologies.