The Great GDPR Challenge: Overcoming Obstacles in Data Protection

The General Data Protection Regulation (GDPR) came into force on May 25th, 2018, with the aim of harmonising data protection laws across the European Union (EU) and strengthening the rights of individuals in relation to their personal data. The GDPR has been widely seen as a major step forward in the protection of personal data, but it has also posed a number of challenges for orgnisations as they work to implement its provisions.

In this article, we will explore some of the biggest challenges faced by orgnisations in implementing GDPR, and the ways in which they are being addressed.

Lack of clarity in interpretation

One of the biggest challenges faced by orgnisations in implementing GDPR is the lack of clarity in the interpretation of its provisions. The GDPR is a complex and detailed regulation, and many orgnisations have struggled to fully understand its requirements and how they apply to their particular circumstances. This has led to a lack of consistency in the way in which the GDPR is applied and enforced, with some orgnisations interpreting its provisions more strictly than others.

To address this challenge, many orgnisations have sought guidance from data protection authorities, as well as seeking the assistance of legal experts and consultants. Additionally, the European Data Protection Board (EDPB) has been working to provide guidance on the interpretation of the GDPR, with a view to promoting consistency and clarity in its application.

Resource constraints

Another major challenge faced by orgnisations in implementing GDPR is the resource constraints they face. The GDPR requires orgnisations to put in place a range of measures to protect personal data, including carrying out risk assessments, implementing technical and orgnisational measures, and providing training for employees. This can be a significant challenge for orgnisations, particularly those with limited resources, as they may not have the budget or staff to carry out these tasks effectively.

To address this challenge, many orgnisations have sought to adopt a risk-based approach to the implementation of the GDPR, focusing their efforts on the areas of highest risk and taking a proportionate approach to the measures they put in place. Additionally, many orgnisations have sought to streamline their processes and make use of technology, such as automated tools and systems, to help them manage their compliance obligations more effectively.

Difficulty in balancing privacy and innovation

Another challenge faced by orgnisations in implementing the GDPR is the difficulty in balancing the protection of privacy with the need for innovation. The GDPR imposes strict requirements on the processing of personal data, including the requirement to obtain the explicit consent of individuals for the processing of their personal data. This can be a challenge for orgnisations that rely on the processing of personal data for the development of new products and services, as it may limit their ability to use personal data in innovative ways.

To address this challenge, many orgnisations have sought to find ways to balance the protection of privacy with the need for innovation, by using innovative approaches to data protection and seeking alternative sources of data that do not pose a risk to privacy. Additionally, some organisations have sought to develop new technologies, such as blockchain and artificial intelligence, to help them manage their personal data in a way that protects privacy and promotes innovation.

Ensuring compliance with the right to be forgotten

The right to be forgotten is one of the key rights of individuals under the GDPR, and it imposes a number of obligations on orgnisations in terms of the deletion of personal data. Ensuring compliance with the right to be forgotten can be a significant challenge for orgnisations, particularly those that process large amounts of personal data, as they may struggle to locate and delete the relevant data.

To address this challenge, many orgnisations have sought to develop systems and processes to manage their personal data more effectively, including the implementation of data retention policies and the use of data management tools to help locate and delete data in accordance with the right to be forgotten. Additionally, orgnisations have sought to educate their employees on the importance of the right to be forgotten and the steps they can take to ensure compliance with this right.

Lack of technical expertise

Finally, one of the biggest challenges faced by orgnisations in implementing the GDPR is the lack of technical expertise available to them. The GDPR requires orgnisations to implement a range of technical measures to protect personal data, including encryption, pseudonymization, and secure storage and transfer of data. For orgnisations that lack the technical expertise to implement these measures, this can be a significant barrier to compliance.

To address this challenge, orgnisations have sought to build up their in-house technical expertise, either by hiring specialist staff or by working with external consultants and technology vendors. Additionally, many orgnisations have sought to make use of technology, such as cloud-based services and pre-packaged solutions, to help them implement the necessary technical measures more easily.

In conclusion, the implementation of the GDPR has presented a number of challenges for orgnisations, including a lack of clarity in interpretation, resource constraints, the difficulty in balancing privacy and innovation, ensuring compliance with the right to be forgotten, and the lack of technical expertise available. However, by taking a risk-based approach, making use of technology, building up in-house expertise, and seeking guidance from data protection authorities and legal experts, orgnisations can successfully overcome these challenges and ensure compliance with the GDPR.