What is GDPR? A Comprehensive Data Security and Privacy Guide for Businesses

In the digital age, data has become one of the most valuable assets. However, this situation has also raised serious concerns about the protection of personal data. In order to address these concerns and secure the personal data of citizens of the European Union GDPR came into force.

GDPR (General Data Protection Regulation), with the Turkish name General Data Protection Regulationis a legal framework that establishes strict rules for the processing and protection of personal data of citizens of the European Union (EU). This regulation, which came into force on May 25, 2018, concerns businesses around the world that process data of EU citizens, not just companies within the EU.

In this guide, we will cover in full detail what the GDPR is, its basic principles, the obligations it imposes for businesses and the practical steps you must take to comply with this statute.

What is GDPR and why did it come about?

The GDPR basically contains a set of rules for the collection, storage and use of personal data. While this charter gives individuals greater control over their data, it also places a responsibility on companies to protect that data.

The main reasons for the emergence of GDPR are:

• An Updated Legal Framework: Failure of the Data Protection Directive of 1995 to keep pace with technological developments.
• Granting More Rights of Control to Individuals: To inform individuals about how their personal data is used and that they have the right to access, correct or delete such data.
• Global Standardization: Enforce companies around the world to comply with the same standards when it comes to protecting the data of EU citizens.

Relationship between GDPR and GDPR

In Turkey Personal Data Protection Act (KVKK)It has many similarities with GDPR. Both laws aim to protect data security and individual rights. However, the GDPR may contain more detailed and strict rules on some issues than the KVKK. A company in Turkey must comply with both the KVKK and the GDPR if it processes the data of individuals in the EU.

Basic Principles of GDPR

GDPR is based on seven basic principles that govern data processing processes:

1. Compliance with Law, Honesty and Transparency: Data processing activities must be carried out in accordance with the law, honestly and transparently. Data holders should be clearly informed about how their data is processed.
2. Objective Limitation: Personal data must be collected for specific, clear and legitimate purposes, and not processed other than those purposes.
3. Data Minimalism: The data collected must be limited to what is necessary for the established purpose. No unnecessary or excessive data should be collected.
4. Accuracy: The data must be accurate and up to date when necessary. Necessary steps must be taken to delete or correct incorrect data.
5. Storage Limitation: Personal data should not be stored for longer than is necessary for the purpose for which they were collected.
6. Integrity and Confidentiality: Data must be protected by appropriate security measures against unauthorized or unlawful processing, loss, destruction or damage.
7. Accountability: The data controller (enterprise) must be able to prove compliance with all of the above principles. This is one of the most important principles of the GDPR.

GDPR Obligations and Penalties for Businesses

Failure to comply with the GDPR can lead to serious financial and reputational losses for businesses. GDPR violations are punished at two different levels:

• Low Level Violations: Annual global turnover of the relevant company %2 or Up to 10 million euros fine (whichever is higher).
• High Level Violations: Annual global turnover of the relevant company 4% or Up to 20 million euros fine (whichever is higher).

What should businesses do? Practical Adjustment Steps

The GDPR compliance process can be complicated, but you can manage it with the following steps:

1. Extract Data Map: Determine what personal data is collected in your business, where it is stored, who has access to it and why you process it.
2. Establish Legal Basis: Ensure that you have a legal basis for each data processing activity (for example, explicit consent, performance of the contract, legal obligation).
3. Prepare Privacy Policy and Disclosure Text: Tell your users in a transparent and understandable way about how their data is processed, how long it is stored and their rights.
4. Support the Rights of Individuals: Establish an easily accessible mechanism for data owners to exercise their rights of access, correction, deletion (right to be forgotten), and data portability.
5. Ensure Data Security: Implement technical and organizational security measures (e.g. encryption, authorization policies) to protect data from cyber attacks, loss, or unauthorized access.
6. Establish a Notification Mechanism in Case of Data Breach: In the event of a data breach, this situation applies to the relevant supervisory authority and data subjects, as appropriate Within 72 hours Create a reporting plan.
7. Train Employees: Provide regular trainings to your employees about the importance of data security and privacy. Human error is one of the most common causes of data breaches.

Conclusion: GDPR is not just an obligation, but an opportunity

GDPRmay seem like a complex and costly obligation for businesses at first glance. However, complying with this statute is actually a great opportunity to increase the credibility and reputation of your brand. Processing data transparently and responsibly strengthens your customers' trust in you and creates long-term loyalty.

Remember, in the digital world, data security and privacy are no longer an option, but a necessity. Compliance with the GDPR is vital not only to avoid punishment, but also to create an ethical and sustainable business model.