It aims to manage the flow of data throughout the life cycle, from collection, processing, sharing, storage and deletion.

Having the knowledge where the data travels, who is responsible, who has access, helps and a lot to implement security measures.

Data protection and privacy are complementary, but not the same thing.

A very repeated phrase is: “It is possible to have security without privacy, but it is not possible to have privacy without security”.

Privacy is a right that must be protected, and Data Protection are the measures that will be used to achieve this protection.

The GDPR has 173 recitals. The Recitals introduce a better understanding of the law and its articles. The Articles, which are 99 in total, contain the mandatory requirements of the law.

The controller must ask the supervisory authority for permission to outsource the processing of the data. Incorrect. The controller does not have to ask the supervisory authority for permission for each instance of outsourcing.

The controller must ask the supervisory authority if the agreed written contract is compliant with the regulations. Incorrect. The supervisory authority is not a legal counsel and will not check contracts for compliance.

The controller and processor must draft and sign a written contract guaranteeing the confidentiality of the data. Correct. There must be a written contract guaranteeing the confidentiality of the data, listing the purposes and means of processing as defined by the controller and specifying that processor will only process on instruction of the controller. Both parties must sign this contract. (Literature: A, Chapter 8; GDPR Article 28 (3))

The processor must show the controller that all demands agreed in the service level agreement (SLA) are met. Incorrect. An SLA is not enough as it will focus on operations, not necessarily on purposes.

Yes, because the personal data on the disk were unlawfully processed. Correct. Personal data irretrievably lost is regarded as ‘a breach of security leading to unlawful destruction of personal data, which also makes it a personal data breach. (Literature: A, Chapter 5; GDPR Article 4(12))

Yes, because there were no special category personal data stored on the disk. Incorrect. Accidental loss of data is a security incident (data is no longer available). According to the GDPR it is also unlawful processing of personal data, hence a personal data breach. Data do not have to belong to the category of special

personal data to fall under the category personal data breach.

No, because no personal data on the disk were processed, only destroyed. Incorrect. A technical malfunction causing data to be no longer available is a security incident. The GDPR sees accidental loss of personal data as unlawful processing (not on instruction of the controller or processor) hence as a personal data breach.

No, because this is only a security incident and not a data breach. Incorrect. Personal data that are irretrievably lost, is regarded as unauthorized processing by the GDPR, hence a personal data breach. The fact that data was accidentally destroyed also makes the event a security incident.