Data protection principles under the GDPR
Produced in partnership with Pillsbury Winthrop Shaw Pittman LLP
Data protection principles under the GDPR

The following Financial Services guidance note Produced in partnership with Pillsbury Winthrop Shaw Pittman LLP provides comprehensive and up to date legal information covering:

  • Data protection principles under the GDPR
  • Lawfulness, fairness and transparency
  • Purpose limitation
  • Data minimisation
  • Accuracy
  • Storage limitation
  • Integrity and confidentiality
  • Accountability
  • Exemptions to the principles

The General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) contains a set of core data protection principles that controllers must comply with. These are set out in Article 5, they include:

  1. the lawfulness, fairness and transparency principle

  2. the purpose limitation principle

  3. the data minimisation principle

  4. the accuracy principle

  5. the storage limitation principle

  6. the integrity and confidentiality principle

  7. the accountability principle

Recital 39 also offers additional guidance on each of the above.

The principles under the GDPR are broadly similar to those set out in the preceding Data Protection Act 1998 (DPA 1998), but with added detail at certain points and an additional principle of accountability, see Practice Note: The General Data Protection Regulation—Accountability. However, the following two principles from DPA 1998 do not form part of the GDPR data protection principles, and are instead dealt with in separate articles of the GDPR:

  1. DPA 1998 principle 6: personal data must be processed in accordance with the rights of data subjects. This is dealt with more fully in Chapter III of the GDPR, and

  2. DPA 1998 principle 8: there must be adequate protection for personal data transferred outside the EEA. This is dealt with more fully in Chapter V of the GDPR

With many of the GDPR data protection principles being similar to their counterparts from DPA 1998, and in the absence of guidance from