Definition
Mandates that data protection must be incorporated into the design of systems, and that privacy must be a default setting for all data processing activities.
Excerpt
Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the processing, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures, such as pseudonymisation, which are designed to implement data-protection principles, such as data minimisation, in an effective manner and to integrate the necessary safeguards into the processing in order to meet the requirements of this Regulation and protect the rights of data subjects.
The controller shall implement appropriate technical and organisational measures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed. That obligation applies to the amount of personal data collected, the extent of their processing, the period of their storage and their accessibility. In particular, such measures shall ensure that by default personal data are not made accessible without the individual’s intervention to an indefinite number of natural persons.
An approved certification mechanism pursuant to Article 42 may be used as an element to demonstrate compliance with the requirements set out in paragraphs 1 and 2 of this Article.
Related cases
Wind Tre was fined by the Garante for not allowing customers to withdraw consent or object to marketing data processing, lacking transparency in data information, using a single button for multiple consents, using small prints, bundled consents, and conducting unlawful data collection and unauthorised marketing.
The Italian DPA fined Douglas for providing a single button to accept the general terms and conditions, privacy policy and cookie policy. Additionally, there was no information about data processing in its privacy policy.
The EDPB fined Meta for the providing lack of processing contact information on children’s business accounts and using ‘public by default’-settings for child users.
The Belgian DPA issues a reprimand to a government agency for failing to provide website visitors with clear information and a means to refuse non-strictly necessary cookies.
Italian DPA found Ediscom guilty of using misleading interfaces and unclear submission procedures, such as prompting users to provide consent for marketing despite already denying it.