Data protection
Data security
April 10, 2024
SIEM
April 10, 2024Everything you need to know about data protection - importance, basic principles and measures at a glance
More and more people are becoming aware of the importance of their personal data. The positive development here is that the protection of this data is also becoming an indispensable aspect of our digital lives. Data protection is not only important for our own privacy, but also for companies that handle their customers' confidential data.
In this article, we give you a comprehensive overview of data protection - from basic definitions and legal principles to concrete measures that companies can take to ensure the security of personal data.
1 What is data protection?
Data protection means the protection of personal data from unauthorized processing. This refers to all information that relates to an identified or identifiable natural person. Data protection therefore has an important objective: it safeguards the fundamental right to informal self-determination - i.e. giving everyone the opportunity to decide for themselves which personal data is collected, stored and further processed.
2 What is the difference between data protection and data security?
Data protection and data security are not terms to be used synonymously:
- Data protection concerns the legally regulated handling of personal data.
- Data security Data security means the protection of this data against unauthorized access, loss or manipulation through appropriate measures.
The two go hand in hand. This is because data protection determines which data may be processed for which purpose and data security ensures that this data is protected against risks.
3 The legal basis: GDPR and BDSG-new
Two legal bases apply to data protection in Germany: the new Federal Data Protection Act (BDSG-new) and the General Data Protection Regulation (GDPR).
The General Data Protection Regulation governs data protection in the European Union and is the legal basis for data protection in Germany. The GDPR regulates the processing of personal data on the basis of clear guidelines and basic principles for companies and organizations. The aim of the GDPR is to strengthen the rights of the individual with regard to personal data and to ensure adequate protection of this data.
The new Federal Data Protection Act (BDSG-new) applies at national level. This is needed to supplement and specify the provisions of the GDPR at national level. This includes, for example, penalties for non-compliance with the GDPR requirements.
4. basic principles of data protection
Several basic principles apply to data protection in Germany as a guide to the obligations that apply when handling processed data. These are set out in Art. 5 GDPR:
LawfulnessData processing must have a valid legal basis or the consent of the data subject.
TransparencyCompanies must communicate transparently how and for what purpose they collect, use and process the data.
Purpose limitationThe purpose of data collection must be defined before the data is collected. Any use that does not correspond to the original purpose requires new consent from the data subject.
Data minimization and data economyThe principle of "as much data as necessary, as little data as possible" applies. This means that no more data may be collected than is actually necessary for the purpose.
AccuracyIt must be ensured that the data is up to date and correct. Incorrect data must therefore be corrected or deleted.
Storage limitation: If there are no statutory retention obligations, data must be deleted immediately if it is no longer required for the original purpose of processing.
Integrity and confidentialityIt must be ensured that unauthorized persons do not have access to the collected data. Keyword: Data security measures.
AccountabilityAll technical and organizational measures (TOMs) for compliance with data protection principles must be documented, as there is an obligation to provide evidence.
5 Why is data protection important?
We live in an increasingly digitalized world in which personal information is transmitted and stored in many places. As a result, data protection continues to gain in importance. There are two perspectives here, as data protection is of great importance both for individuals and for companies.
On a personal level, it is particularly about protection against unwanted surveillance and identity theft. This supports the right to informal self-determination - i.e. to decide for yourself which personal data is collected, stored and further processed.
At company level, data protection is closely linked to trust. Companies process a large amount of customer data. Comprehensive and reliable data protection ensures that customers can trust that their data is handled carefully and lawfully. In addition, breaches of data protection regulations can have serious consequences, such as loss of reputation, financial damage and legal consequences.
6 What data protection measures are in place?
It is essential for companies to take appropriate measures to reliably implement data protection regulations. These include
Creation and implementation of a data protection policy: Every company should develop clear data protection guidelines and ensure implementation in all activities and processes. This is the only way to ensure a uniform approach to data protection.
Encryption of data: Encrypting sensitive data can ensure that the stored data is not easily accessible, even in the event of unauthorized access.
Privacy by design: If data protection aspects are already taken into account in the development phase of systems and applications, a high level of data protection quality can be guaranteed right from the start.
Regular data protection training: Employees should regularly participate in training that creates awareness of data protection risks and teaches the appropriate handling of sensitive information.
Appointment of a data protection officer: As soon as a company has more than 20 employees permanently processing personal data, it is obliged to appoint a data protection officer.
Data protection checks and audits: Regular reviews and audits can be used to monitor compliance with data protection guidelines and identify potential weaknesses at an early stage. At the same time, the measures can be continuously adapted to new technological developments and legal requirements.
Data protection is an elementary component of our networked, digital world, and not just because of legal regulations. It is therefore particularly important for companies to make a decisive contribution to the security and integrity of personal data by observing data protection principles and complying with legal requirements.
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