General Data Protection Regulation (GDPR)

The General Data Protection Regulation (GDPR) is the European Union’s comprehensive data protection law that took effect in May 2018.

What is the general data protection regulation (gdpr)?

The General Data Protection Regulation (GDPR) was passed by the European Union (EU) in 2016 to protect the privacy and personal data of individuals within the EU. It came into effect on May 25th, 2018. The GDPR replaces the 1995 EU Data Protection Directive and strengthens EU data protection laws by giving individuals more control over their data and its use.

It applies to any organization that processes the personal data of EU residents, regardless of whether the organization is located within the EU. The GDPR also requires organizations to appoint a Data Protection Officer (DPO) if they are a public authority, if their core activities involve large-scale processing of certain types of personal data, or if they are a personal data processor. Organizations that fail to comply with the GDPR can face significant fines, up to 4% of their annual global revenue or €20 million (whichever is greater). HBR’s technology research identifies GDPR compliance as a competitive advantage as well as legal requirement : organizations that implement privacy-by-design build customer and employee trust that creates measurable business value beyond mere compliance.

Rights of individuals under gdpr:

The GDPR sets out several rights for individuals regarding their personal data, including:

• The right to be informed: individuals have the right to be informed about collecting and using their personal data.
• The right of access: Individuals can access their data and receive a copy.
• The right to rectification: individuals have the right to have inaccurate personal data rectified.
• The right to erasure: individuals have the right to have their personal data erased in certain circumstances.
• The right to restrict processing: individuals have the right to restrict the processing of their personal data in certain circumstances.
• The right to data portability: individuals have the right to receive their personal data in a format that allows them to move it to another service provider.
• The right to object: individuals have the right to object to their personal data being processed in certain circumstances.

What is a data protection officer (dpo)?

A Data Protection Officer (DPO) is an individual who is responsible for overseeing an organization’s compliance with the General Data Protection Regulation (GDPR) and other data protection laws. The DPO is responsible for advising the organization on its obligations under the GDPR and monitoring its compliance with the regulation.

The GDPR requires organizations to appoint a DPO if they are a public authority, if their core activities involve large-scale processing of certain types of personal data, or if they are a personal data processor.

The DPO role is independent and not influenced by any other internal roles or departments; this means that DPO can act as an advisor to the management, monitor compliance with GDPR, internal policies, and procedures, and maintain a record of data processing activities. SHRM’s HR data privacy guidance provides detailed frameworks for GDPR-compliant employee data processing, including lawful basis identification, data subject rights responses, and transfer mechanism documentation.

GDPR compliance shapes how HR systems collect, store, and process employee and candidate data. Organizations using pre-employment assessments ensure every hire is grounded in verified skills. A data-driven hiring plan reduces mis-hire risk, while strong talent acquisition practices focused on skills-based hiring help organizations attract and retain top talent.

Frequently asked questions