Does your site comply with the GDPR?
Hello everyone, today we talk about GDPR!
The GDPR, or General Data Protection Regulation, is the European regulation that protects the personal data of citizens of the European Union. All companies, regardless of their size, must ensure that their site complies with these rules. Why? To guarantee users' privacy and avoid heavy penalties. Are you unsure about your site's compliance? Don't panic, we explain everything in detail in this blog.
Today, the GDPR remains an essential pillar of data protection in Europe, and its story continues to unfold.
• Right of access: You can request what data a company holds about you.
• Right to rectification: In case of error, you have the right to correct your information.
• Right to erasure (right to be forgotten): You can request the deletion of your data under certain conditions.
• Right to data portability: Your data must be easily transferable from one service to another.
Organizations must also clearly inform users about the collection and use of their data, thus promoting greater transparency. You retain full control over your information, limiting abuses such as excessive profiling or intrusive advertising.
• Google Analytics under fire: In 2022, France and Austria deemed its use non-compliant due to data transfers to the United States.
• Meta and AI: In June 2024, Meta was accused of using users' personal data to train its artificial intelligence models, raising doubts about consent and transparency.
• Amazon: 32 million euros in December 2023 for an intrusive and poorly secured employee surveillance system.
• Google: 150 million euros for failing to add a “Reject all” button on its consent banner.
Indeed, non-compliance with the GDPR can lead to devastating consequences for companies:
The GDPR, or General Data Protection Regulation, is the European regulation that protects the personal data of citizens of the European Union. All companies, regardless of their size, must ensure that their site complies with these rules. Why? To guarantee users' privacy and avoid heavy penalties. Are you unsure about your site's compliance? Don't panic, we explain everything in detail in this blog.
What is GDPR?
History of GDPR until today
The emergence of a need for regulation
With the explosion of digital technology, it quickly became crucial to regulate the collection and processing of personal data. Why? Because this data is sensitive and often exploited. As the saying goes: if you don't pay for a product, you are the product.The beginnings: the 1995 directive
It all started in 1995 with the directive 95/46/EC on data protection. Pioneering for its time, it quickly proved outdated in the face of rapid technological evolution. Moreover, each EU country could transpose the directive in its own way, leading to discrepancies in its application.The birth of GDPR
To address these challenges, the GDPR as we know it was born in April 2016. Its goal? To strengthen and harmonize the protection of personal data within the EU. Member states had two years to prepare for it, until May 25, 2018, the date of its official entry into force, thus replacing the 1995 directive.A framework in constant evolution
Since 2018, the GDPR has evolved in response to digital challenges. Landmark cases, like Schrems II in July 2020, have shaped its application. This ruling invalidated the Privacy Shield, affecting data transfers between the EU and the United States.Today, the GDPR remains an essential pillar of data protection in Europe, and its story continues to unfold.
The concrete impacts of GDPR on our privacy
Strengthened rights for individuals
The GDPR has revolutionized the management of our personal data. Among the rights it guarantees:• Right of access: You can request what data a company holds about you.
• Right to rectification: In case of error, you have the right to correct your information.
• Right to erasure (right to be forgotten): You can request the deletion of your data under certain conditions.
• Right to data portability: Your data must be easily transferable from one service to another.
Organizations must also clearly inform users about the collection and use of their data, thus promoting greater transparency. You retain full control over your information, limiting abuses such as excessive profiling or intrusive advertising.
Data protection by design
The GDPR introduces the concept of data protection by design (privacy by design), requiring companies to integrate security and privacy from the development of their products or services. It is unthinkable to hear "We'll take care of it later," it's now.The latest scandals related to GDPR
Authorities enforce the GDPR strictly for everyone, as evidenced by these recent cases:• Google Analytics under fire: In 2022, France and Austria deemed its use non-compliant due to data transfers to the United States.
• Meta and AI: In June 2024, Meta was accused of using users' personal data to train its artificial intelligence models, raising doubts about consent and transparency.
Record fines
Large companies have paid a heavy price for their non-compliance:• Amazon: 32 million euros in December 2023 for an intrusive and poorly secured employee surveillance system.
• Google: 150 million euros for failing to add a “Reject all” button on its consent banner.
Indeed, non-compliance with the GDPR can lead to devastating consequences for companies:
- Financial penalties:
- Up to 20 million euros or 4% of global annual turnover for serious violations (Article 83 GDPR).
- For minor violations, fines can reach 10 million euros or 2% of global annual turnover.
- Formal notices and injunctions:
- Obligation to comply within a given timeframe, under penalty of daily financial penalties (up to 100,000 euros per day depending on severity).
- Obligation to comply within a given timeframe, under penalty of daily financial penalties (up to 100,000 euros per day depending on severity).
- Other corrective measures:
- Temporary or permanent suspension of data processing.
- Suspension of data flows to third countries.
- Withdrawal of certifications or authorizations.
How to make your site GDPR compliant?
If you manage a site or plan to create one, complying with the GDPR is essential to avoid unnecessary penalties. Here are the key measures to implement:Use a consent manager
This famous banner that appears upon arrival on a site has specific requirements:
