Article 24 of GDPR: Data controller responsibilities
Starting from Article 24 of GDPR, the law gets into the obligations of data controllers and data processors when collecting, storing or processing personal data.
Appropriate technical and organisational measures to protect data (Article 24(1) GDPR)
GDPR imposes a duty on data controllers or companies collecting personal data to ensure they implement proper safeguards to protect the data.
In the assessment of what can be a reasonable measure, from a technical and organisational perspective, companies are asked to consider the following:
- Nature of data processing
- Scope of data processing
- Context of data processing
- Purpose of data processing
- Risks of likelihood or severity to the person’s rights and freedoms
Furthermore, the measures adopted by companies must be reviewed and regularly updated.
Data protection policies (Article 24(2) GDPR)
In certain cases, if it is proportionate to the nature, scope, context and purpose of data processing, appropriate technical and organisational measures will include the implementation of data protection policies and procedures by the data controller.
Code of conduct or certifications (Article 24(3) GDPR)
To demonstrate compliance with GDPR in regards to the data controller’s obligations, companies can opt to adhere to approved codes of conduct or approved certification mechanisms.
Recitals applicable to Article 24 of GDPR
Relevant Recitals: 74, 75, 76, 77
GDPR Regulation article-by-article overview
Read our comprehensive overview of the GDPR Regulation, article by article, where we summarize each of the 99 articles contained in GDPR to give you a complete understanding of its content.
Cited Legislation in Article 24 or relevant recitals
GDPR Text: Article 24 of GDPR and Relevant Recitals
GDPR Text Source: EUR-Lex
Official GDPR Text: General Data Protection Regulation
Official GDPR Title: REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), corrected by Corrigendum, OJL 127, 23.5.2018, p. 2 ((EU) 2016/679)