gdpr-data-protection

GDPR Data Protection

DISCLAIMER: This skill provides guidance only. It does not constitute legal advice. Always verify with a Data Protection Officer or legal professional.

When to Use

• Designing systems that process personal data
• Conducting a Data Protection Impact Assessment (DPIA)
• Creating Article 30 processing records
• Implementing data subject rights (access, deletion, portability)
• Evaluating legal bases for data processing
• Planning cross-border data transfers

Step 1: Identify Legal Basis (Article 6)

Every processing activity needs exactly one legal basis:

Legal Basis	When to Use	Example
Consent (6.1.a)	User actively opts in, can withdraw anytime	Newsletter signup
Contract (6.1.b)	Processing necessary to fulfill a contract	Delivering purchased goods
Legal obligation (6.1.c)	Required by law	Tax record retention
Vital interests (6.1.d)	Protecting someone's life	Emergency medical data
Public interest (6.1.e)	Official authority or public task	Government services
Legitimate interest (6.1.f)	Balanced against data subject's rights	Fraud prevention, security

Consent requirements: freely given, specific, informed, unambiguous, easy to withdraw.

Step 2: Data Minimization Checklist

Before collecting any personal data:

1. Is this data necessary for the stated purpose?
2. Can the purpose be achieved with less data?
3. Can the data be anonymized or pseudonymized?
4. Is the retention period defined and minimal?
5. Are access controls in place (who can see what)?

Step 3: Article 30 Processing Record

Every controller must maintain a record of processing activities:

Processing Activity: [Name]
Controller: [Organization name, contact]
DPO Contact: [If applicable]
Purpose: [Specific, explicit purpose]
Legal Basis: [From Step 1]
Data Categories: [e.g., name, email, IP address]
Data Subjects: [e.g., customers, employees]
Recipients: [Who receives the data, including processors]
Third Country Transfers: [If any, with safeguard mechanism]
Retention Period: [Specific duration or criteria]
Security Measures: [Encryption, access control, etc.]

Step 4: Data Subject Rights

Respond within 1 month (extendable to 3 months for complex requests):

Right	Article	What to Implement
Access	15	Provide copy of all personal data held
Rectification	16	Correct inaccurate data
Erasure ("right to be forgotten")	17	Delete data when no longer needed
Restriction	18	Limit processing while disputes are resolved
Portability	20	Export data in machine-readable format
Object	21	Stop processing based on legitimate interest
Automated decisions	22	Human review of automated decisions with legal effects

Step 5: DPIA (Data Protection Impact Assessment)

Required when processing is "likely to result in a high risk":

• Large-scale processing of special categories (health, biometrics)
• Systematic monitoring of public areas
• Automated decision-making with legal effects
• New technologies with unknown risks

DPIA Structure (CNIL template)

1. Description: Processing, purposes, data flows, retention
2. Necessity and proportionality: Legal basis, minimization, rights
3. Risk assessment: Likelihood x severity for confidentiality, integrity, availability
4. Measures: Technical and organizational measures to mitigate risks

Step 6: Cross-Border Transfers

Personal data leaving the EEA requires a transfer mechanism:

Mechanism	When
Adequacy decision	Country deemed adequate by EC (e.g., UK, Japan, South Korea)
Standard Contractual Clauses (SCCs)	Contract-based, most common
Binding Corporate Rules	Intra-group transfers
Derogations (Art. 49)	Explicit consent, contract necessity (limited use)

Post-Schrems II: SCCs must include a Transfer Impact Assessment (TIA) evaluating whether the recipient country's laws undermine the protections.

Penalties

Violation Type	Max Fine
Administrative (Art. 83.4)	EUR 10M or 2% of global turnover
Core principles, rights, transfers (Art. 83.5)	EUR 20M or 4% of global turnover

France-Specific (CNIL)

• Cookie consent: prior opt-in required (no cookie walls)
• Child consent: 15 years (not 16 as in GDPR default)
• DPIA tool: cnil.fr/fr/outil-pia (free, open source)
• DPO designation mandatory for: public bodies, large-scale systematic monitoring, large-scale special categories

What This Skill Does NOT Do

• Does not implement consent management UI
• Does not configure cookie banners
• Does not perform the DPIA risk assessment (guides structure)
• Does not replace a DPO or legal counsel