Ensuring GDPR Compliance: Controller Obligations Under Articles 28, 32, and 82

The General Data Protection Regulation (GDPR) establishes strict requirements for data controllers, ensuring the protection of personal data and compliance with security obligations. Controllers must uphold the principles of accountability, transparency, and security while managing personal data. Here’s how organizations can strengthen GDPR compliance, with a focus on Articles 28, 32, and 82.

Understanding Key GDPR Articles for Controllers

Article 28 – Data Processor Responsibilities

Under Article 28, controllers are responsible for ensuring that data processors handle personal data securely and in compliance with GDPR. This includes:

• Processor Due Diligence: Controllers must vet and select processors that implement appropriate security measures.

• Binding Contracts: A Data Processing Agreement (DPA) must be in place, outlining the processor’s responsibilities, security obligations, and compliance measures.

• Subprocessor Oversight: Controllers must ensure that processors do not engage subprocessors without prior authorization and enforce compliance throughout the data supply chain.

Article 32 – Security of Processing

Article 32 mandates that controllers implement technical and organizational measures to secure personal data against breaches and unauthorized access. Key security measures include:

• Encryption & Pseudonymization: Enhancing data protection by making personal data unreadable to unauthorized entities.

• Access Control & Authentication: Implementing multi-factor authentication (MFA), role-based access controls (RBAC), and identity management systems.

• Continuous Monitoring & Incident Response: Establishing Security Information and Event Management (SIEM) systems, real-time monitoring, and incident response protocols to mitigate security threats.

Article 82 – Liability and Compensation for Damages

Under Article 82, data subjects have the right to seek compensation for damages caused by non-compliance. Controllers can be held fully or jointly liable for:

• Security Failures: If inadequate protection measures lead to a data breach, controllers may be required to compensate affected individuals.

• Unlawful Processing: If data is processed without a lawful basis, controllers may face legal consequences.

• Lack of Oversight on Processors: If a processor’s misconduct leads to damages, the controller remains responsible for ensuring compliance.

Strengthening GDPR Compliance

To meet obligations under Articles 28, 32, and 82, controllers should:

• Conduct Regular Audits: Perform Data Protection Impact Assessments (DPIAs) and security audits to identify and mitigate risks.

• Train Employees: Ensure all staff handling personal data are trained on GDPR principles and security best practices.

• Implement Incident Response Plans: Establish clear procedures for detecting, reporting, and responding to data breaches.

• Strengthen Contracts with Processors: Enforce GDPR-compliant data processing agreements with clear accountability measures.

Final Thoughts

GDPR compliance is an ongoing responsibility for data controllers, requiring strong security measures, oversight of processors, and proactive risk management. By ensuring adherence to Articles 28, 32, and 82, organizations can mitigate legal risks, protect personal data, and build trust with data subjects.

Is your organization GDPR-compliant? Contact our experts to strengthen your data protection strategy today.