Data controllers can only process personal data in one of the following circumstances:

• with the consent of the individuals concerned;
• where processing is necessary for the performance of a contract (a contract between your organisation and an individual);
• to meet a legal obligation under EU or national legislation;
• where processing is necessary for the performance of a task carried out in the public interest under EU or national legislation;
• to protect the vital interests of an individual;
• for your organisation’s legitimate interests - except where they are overridden by the rights and freedoms of individuals.

In addition, the GDPR establishes additional conditions for the processing of sensitive data.

More information:

• Process personal data lawfully

The task of the DPO include, among others:

• to inform and advise the organisation and its employees on data protection compliance;
• to monitor data protection compliance;
• to provide advice on requests concerning the data protection impact assessment (DPIA);
• to act as a contact point for the data protection authority (DPA) and to cooperate with that DPA;
• to act as a contact point for individuals.

In addition, the DPO’s presence is generally recommended where decisions with data protection implications are taken. The DPO should also be promptly consulted once a data breach or another incident has occurred.

More information:

• Data Protection Officer

A valid contract between the data controller and data processor is obligatory under the GDPR. An infringement can be subject to an administrative fine up to 10M€ or up to 2% of the total annual turnover of a company, whichever is higher.

To help guide you when setting up a controller-processor agreement, the Danish and Slovenian data protection authorities, as well as the European Commission, have developed template agreements.

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• Data controller or data processor

A Data Protection Impact Assessment or DPIA is a written assessment that your organisation should make to evaluate the impact of a planned processing operation. It helps you to identify the appropriate measures to address the risks, and to demonstrate compliance.

While it is always preferable to anticipate the impact of planned processing operations of your organisation by doing DPIA, it is compulsory to carry out a DPIA when the processing is likely to result in a high risk for individuals’ rights and freedoms.

Specifically, this is the case when the envisaged processing involves:

• the processing - on a large scale- of sensitive personal data or data related to criminal convictions;  
• a systematic and extensive evaluation of an individual’s personal aspects based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the individual in questions or similarly significantly affect individuals;
• systematic monitoring of a publicly accessible area on a large scale.

The EDPB has developed guidelines which list the criteria you need to take into account when assessing whether a DPIA is mandatory or not. Data protection authorities (DPAs) have also published lists of processing operations which are subject to a DPIA. In addition several DPAs have developed guides, software, or self-assessment tools to help you with your assessment.

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• Be compliant

For consent to be considered valid, it must be:

• freely given;
• specific;
• informed; and
• unambiguous.

This means that individuals must have a genuinely free choice regarding whether or not they agree with the processing of their personal data; they need sufficient information so that they can understand which data is processed, for what purpose, and how this is done; they also need sufficient granularity in consent requests.

In addition, there should be a clear affirmative action from the individual (without pre-ticked boxes and made separately from applicable general conditions).

In addition, individuals need to be able to freely withdraw their consent (without any negative consequences) if they change their mind later on.

More information:

• Process personal data lawfully

Consent could indeed be a valid legal basis for storing job applicants’ CVs. Another possible legal basis could be legitimate interest. In that case, you would have to carry out a balancing test to prove that your organisation’s legitimate interests outweigh the applicants’ rights.

At any rate, you will have to inform the candidates that you plan to store their data and for which purposes.

More information:

• Process personal data lawfully

DPOs can fulfil other tasks within the organisation, but this cannot result in a conflict of interest. This implies that the DPO cannot have a position in which they determine the purposes and means of the processing activities. Conflicting functions include mainly management positions (chief executive, chief operating, chief financial officer, Head of HR, Head of IT, managing director) but may also involve other functions if they lead to the determination of purposes and means of processing.

The DPO must be able to perform their duties and tasks in an independent manner. This means that your organisation:

• may not give instructions to the DPO with regard to the performance of their DPO duties;
• may not penalise or dismiss the DPO for performing their tasks.

More information:

• Data Protection Officer

The GDPR gives individuals control over the processing of their personal data. In order to do this, transparency is key. This means you have to inform individuals whose data you process about your processing operations and the purposes. In other words, you have to explain who processes their data, but also how and why. Only if the use of personal data is 'transparent' for those involved, can they assess possible risks and make decisions about their personal data.

Under the GDPR you are obliged to share the following information with individuals:

• the identity and contact details of the controller;
• the purposes of the processing;
• the legal basis of the processing (if legitimate interest, specific information about which legitimate interests relate to the specific processing, and about which  entity  pursues  each  legitimate  interest.)
• the contact details of the controller;
• the contact details of the DPO (if there is a DPO);
• the recipients or categories of recipients of the data;
• Information on whether the data will be transferred outside the European Economic Area (EEA) (where applicable: the existence or not of an adequacy decision or reference to the appropriate safeguards and how this information can be made available to data subjects);
• the categories of personal data processed, when the data is not obtained from the individual.

In addition, the GDPR requires your organisation to provide the following information to ensure fair and transparent processing:

• the retention period or, where this is not possible, the criteria used to determine this period;
• the right to request access, erasure, rectification, restriction, objection and portability of personal data;
• the right to lodge a complaint with a data protection authority;
• if the legal basis for the processing is consent: the right to withdraw consent at any time;
• in the case of automated decision-making, relevant information about the underlying logic and the intended consequences of the processing for the data subject;
• the source of the personal data (if you did not directly receive it from the individual concerned;
• whether the individual is required to provide the personal data (by law or by contract or to enter into a contract) and what the consequences of refusing to provide the data are.

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• Respect individuals’ rights

A personal data breach is a security breach leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.

• If the data breach poses a risk to the individuals concerned, you must report it to the relevant data protection authority within 72 hours.
• If the breach is likely to result in a high risk to individuals, you will also need to communicate that breach to the individuals concerned without undue delay.

In any case, for all breaches – even those that are not notified to a DPA - you must record at least the basic details of the breach, the assessment thereof, its effects, and the steps taken in response.

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• Data breaches

The DPO can be an existing employee with sufficient knowledge of GDPR (if the professional tasks of the employee are compatible with those of the DPO and this does not lead to conflicts of interest) or an external person. The DPO should be able to carry out tasks independently and should be able to report directly to the highest management.

More information:

• Data Protection Officer