The General Data Protection Regulation (GDPR) is the EU’s modernized set of data protection laws, which have been enforced since May 25, 2018. It replaced the 1995 directive and aims to enhance transparency and strengthen the rights of data subjects. Under GDPR compliance, businesses must report severe data breaches within 72 hours and adhere to strict rules for processing personal data, which is collected only for specific, legitimate purposes and is limited in scope.
Whether or not your company is based in the EU, GDPR compliance applies if you handle data from EU citizens or store it in the EU. Non-compliance can lead to significant penalties.
As you explore GDPR certification or re-certification, you may feel overwhelmed. That’s why Akitra created this blog series—to simplify complex rules and guide you with insights on personal data protection, data subject rights, and the role of a Data Protection Officer (DPO) under the GDPR framework.
Let’s start now!
What is GDPR?
Broadly, GDPR compliance requires a company to do the following:
- Data considered “personal” by EU residents must be safeguarded and treated only as authorized;
- The data collected has protected and limited access.
- Specific conditions for the processing of data by third parties must be included in contracts with those parties.
- EU citizens have a wide range of data subject rights, including the right to know what information a corporation has about them and the right to have that information restricted from being processed.
- Additionally, certain rules for reporting data security incidents must be observed.
Three main goals were considered when creating the GDPR standards:
- Create a set of minimal standards for cloud-based companies handling the personal data protection of EU individuals;
- Replace the 1995 Data Protection Directive and the 28 different data privacy laws currently in effect in EU member states with a single privacy law;
- To keep pace with technological advancements in the processing and transmission of personal data, data privacy laws must be updated.
Learn more about how GDPR compliance works, who should comply with it, benefits, violations, and GDPR certification with one of our previously written blogs right here.
5 Most Frequently-Asked Questions About GDPR Compliance
1. How does GDPR define “personal data”?
Any information about a specific or identifiable natural person (sometimes known as a “data subject”) is considered personal data. Numerous bits of information can be used to directly or indirectly identify or locate a data subject. Names, ID numbers, photos, email addresses, bank account information, posts on social networking sites, medical records, and computer IP addresses are a few examples. The term “personal data protection” has a fairly broad definition under data privacy laws.
2. Does my company need to register under the GDPR?
Except for special exemptions, any company, including single proprietors, that handles personal data must register with the ICO (Information Commissioner’s Office) and pay an annual fee.
Your turnover and size determine your charge:
- Tier 1: Micro organizations must pay £40 annually. These organizations must have a maximum annual sales of £632,000 or fewer than 10 employees.
- Tier 2: An annual payment of £60 is required from small and medium-sized businesses (with a maximum annual revenue of £36 million or no more than 250 employees).
- Tier 3: Large organizations (those that don’t fit the requirements for tiers 1 or 2) must pay £2,900.
Registering and complying with GDPR certification requirements shows your business takes data privacy laws and personal data protection seriously.
3. Are there restrictions on the types of data my company can gather, and what are the obligations regarding collection notification?
The processing of personal data must have a legal basis, and GDPR imposes some notification requirements. You should evaluate your obligations under GDPR compliance and determine if legal consultation is necessary. Compliance with data privacy laws ensures that the data subject rights of individuals are upheld. The appointment of a Data Protection Officer (DPO) may be required, depending on the nature of your data processing.
4.What is the difference between a data processor and a data controller?
A controller is an organization that decides the purpose and means of processing personal data. A processor handles the data on behalf of the controller. Controllers are responsible for upholding data subject rights and managing requests for deletion or access to data. Processors support GDPR compliance but do not respond directly to data subjects. Both roles are defined clearly in GDPR certification frameworks, and larger organizations may be required to appoint a Data Protection Officer (DPO) to oversee these responsibilities.
5. What are the penalties for not complying with the GDPR?
Less severe penalties:
Fines up to €10 million or 2% of annual global turnover may be imposed for violations of:
- Article 8 (children’s consent),
- Article 11 (processing without identity),
- Articles 25–39 (general responsibilities),
- Articles 42–43 (certification and certification bodies).
More severe penalties:
Fines up to €20 million or 4% of annual global turnover may be imposed for violations of:
- Article 5 (data processing principles),
- Article 6 (lawfulness),
- Article 7 (consent),
- Article 9 (special data categories),
- Articles 12–22 (data subject rights),
- Articles 44–49 (international transfers).
Working with a partner like Akitra ensures you avoid these risks through continuous monitoring and built-in GDPR compliance support.
Security, AI Risk Management, and Compliance with Akitra!
In the competitive landscape of SaaS businesses, trust is paramount amidst data breaches and privacy concerns. Akitra addresses this need with its leading AI-powered Compliance Automation platform. Our platform empowers customers to prevent sensitive data disclosure and mitigate risks, meeting the expectations of customers and partners in the rapidly evolving landscape of data security and compliance. Through automated evidence collection and continuous monitoring, paired with customizable policies, Akitra ensures organizations are compliance-ready for various frameworks such as SOC 1, SOC 2, HIPAA, GDPR, PCI DSS, ISO 27001, ISO 27701, ISO 27017, ISO 27018, ISO 9001, ISO 13485, ISO 42001, NIST 800-53, NIST 800-171, NIST AI RMF, FedRAMP, CCPA, CMMC, SOX ITGC, and more such as CIS AWS Foundations Benchmark, Australian ISM and Essential Eight etc. In addition, companies can use Akitra’s Risk Management product for overall risk management using quantitative methodologies such as Factorial Analysis of Information Risks (FAIR) and qualitative methods, including NIST-based for your company, Vulnerability Assessment and Pen Testing services, Third Party Vendor Risk Management, Trust Center, and AI-based Automated Questionnaire Response product to streamline and expedite security questionnaire response processes, delivering huge cost savings. Our compliance and security experts provide customized guidance to navigate the end-to-end compliance process confidently. Last but not least, we have also developed a resource hub called Akitra Academy, which offers easy-to-learn short video courses on security, compliance, and related topics of immense significance for today’s fast-growing companies.
Our solution offers substantial time and cost savings, including discounted audit fees, enabling fast and cost-effective compliance certification. Customers achieve continuous compliance as they grow, becoming certified under multiple frameworks through a single automation platform.
Build customer trust. Choose Akitra TODAY! To book your FREE DEMO, contact us right here.
