Compliance with the GDPR is monitored by the national data protection authorities (DPAs). DPAs can conduct investigations and impose sanctions where necessary. DPAs have a number of tools at their disposal, including fines up to 20 M€ or 4% of the worldwide annual turnover whichever is higher, reprimands, and temporary or permanent processing bans.

You can find the contact details for all EEA DPAs on the EDPB website: Members

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• Data Protection Authority & you

The GDPR or General Data Protection Regulation creates a harmonised set of rules applicable to all personal data processing by organisations (public or private, regardless of their size)  established in the European Economic Area (EEA) or targeting individuals in the EU. The primary objective of GDPR is to ensure that personal data enjoys the same high standard of protection everywhere in the EEA, increasing legal certainty for both individuals and organisations processing data, and offering a high degree of protection for individuals.

The regulation entered into force on 24 May 2016 and applies since 25 May 2018.

1. Make sure that the data that you received was collected legitimately and that the individuals concerned have been informed about the processing of their personal data.
2. In case a third party is processing personal data on your behalf, make sure you have a controller-processor contract, which details the processing operations and means to process personal data.

And of course, comply with all the obligations of controllers.

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• Data controller or data processor

Processing personal data is allowed if there is a legal basis for it. In addition to free, specific , informed and unambiguous consent, other legal bases for processing can be used.
In other words, consent is necessary when none of the other legal bases applies.

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• Process personal data lawfully

Publishing the names of the winners of a competition on your website could be considered as a legitimate interest, if you can prove this by carrying out a balancing test to determine whether your legitimate interests outweigh individuals’ right.

A good practice would be to set up an internal procedure in which the rules on publishing personal data of winners are explained.

In addition, the processing of personal data for these purposes should be part of the competition’s privacy policy, so that participants are informed in advance about how their data is going to be processed.

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• Process personal data lawfully

Under the GDPR, there are, in principle, two main ways to transfer personal data to a non-EEA country or international organisation. Transfers may take place on the basis of an adequacy decision, or, in the absence of such a decision, on the basis of appropriate safeguards, including enforceable rights and legal remedies for individuals.

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• International transfers

Yes, data processors (i.e. individuals or bodies that process data on behalf of a data controller), have obligations under the GDPR. There are, however, some differences between the responsibilities for data controllers and processors.

Data processors have to adhere to the responsibilities set out in the controller-processor contract, which details the processing operations and means to process personal data. For example, the processor will have to carry out the processing operations with the appropriate technical and organisational measures as instructed by the controller. In doing so, the processor assists the controller in complying with the GDPR.

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• Data controller or data processor

No, you do not need to be certified to become a DPO.

DPOs must, however, be able to demonstrate that they have the necessary qualifications required by the GDPR, such as expert knowledge of data protection law and practices.

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• Data Protection Officer

   

Every organisation, regardless of the their size or sector, established in the European Economic Area (EEA) or offering products or services to individuals in the EEA, processing personal data whether or not by automated means needs to comply with the GDPR. Even if the GDPR mainly relates to automated processing of personal data, processing operations carried out manually will also be subject to the GDPR from the moment the paper files are organised in a systematic manner, e.g. ordered alphabetically in a filing cabinet. 

Examples of processing operations include collecting, recording, organising, using, modifying, storing, disclosing, altering and erasing individuals’ personal data.

Nevertheless, the application of the GDPR is modulated according to the nature, context, purposes and risks of the processing operations carried out. For SMEs whose core business is not the processing of personal data, the obligations can be less strict than for a large company.

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• Data protection basics

Yes, the GDPR applies if the personal data are contained or are intended to be contained in a filing system. This means that the GDPR also applies to paper records and not solely to automated processing of personal data.

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• Data protection basics