Data Protection Regulation
Data Privacy Considerations: The General Data Protection Regulation
The General Data Protection Regulation (GDPR) exists to protect consumers’ data privacy by requiring companies to ensure that all transactions occurring with EU member countries are kept private in regard to consumers’ personal data. The key requirements for companies pursuant to this regulation are transparent, lawful, and fair processing of personal data; specificity of purpose for which personal data is collected, which also means that companies must delete such data after using it; and subject rights, which include the right of individuals to know why their personal data is being collected and how it will be used, right for individuals to request that their data be updated. Other GDPR requirements include consent, training of all persons who will handle personal data (Irwin, 2021).
The GDPR has had significant impacts, some of these being enhanced cybersecurity, standardized data protection, brand safety, and improved customer loyalty. On the negative side, the legislation comes with compliance costs and has resulted into overregulation (Time Data Security, 2021). From this description, it is evident that the EU treats data protection as a very important issue, unlike the US whose approach to the matter is piecemeal as there are no all-encompassing regulations (Arkansas State University, 2020). In the US, there is no single legislation governing data privacy; instead, state laws exist to protect citizens’ data.
Although created and overseen by the EU, the GDPR also affects countries not within the UE. Companies not within EU member countries but who track EU users visiting the company website may be bound by the GDPR provisions. Similarly, companies selling their products to consumers within the EU are bound by the GDPR even if the companies are not located in EU countries (Proton Technologies, 2022).
Regarding the question of whether or not there should be one data privacy law for the entire world, my take is that a universal privacy law is necessary. Although this may be challenged by political and sociocultural differences, I still believe that one law governing data privacy globally is a good idea. This is in reference to the fact that regardless of how remotely a company is located, today’s networked world and the rise of digital devices make consumers particularly vulnerable to their personal data being accessed without their informed consent. With the DGPR example showing that data privacy still applies to companies not located within the EU, I think a single data privacy law for the entire world is necessary.
References
Arkansas State University. (2020). Key differences between EU and US data protection. https://degree.astate.edu/articles/media-management/eu-and-us-data-protection.aspx
Irwin, L. (2021). Summary of the GDPR’s 10 key requirements. www.itgovernance.eu/blog/en/summary-of-the-gdprs-10-key-requirements
Proton Technologies. (2022). Does the GDPR apply to companies outside of the EU? https://gdpr.eu/companies-outside-of-europe/#:~:text=The%20GDPR%20does%20apply%20outside,%E2%80%9Cextra%2Dterritorial%20effect.%E2%80%9D
Time Data Security. (2021). The positive and negative implications of GDPR in the workplace. www.timedatasecurity.com/blogs/the-positive-and-negative-implications-of-gdpr-in-the-workplace
