ECRegulatory IntelligenceRegulation
Regulation (EU) 2016/679

General Data Protection Regulation (GDPR)

The EU regime for processing personal data: lawful basis, the data-protection principles, heightened conditions for health data as a special category, security of processing, breach notification, data-subject rights, and restrictions on transfers outside the EU.

LAST REVISED
May 2018
PRODUCT AREAS
ClinicalPharmacovigilanceSolid DoseSterileBiotechDevices
SOURCE & PROVENANCE
ISSUING BODY
European Commission — EudraLex
JURISDICTION
European Union
DOCUMENT ID
Regulation (EU) 2016/679
Official site — European Commission — EudraLex

Always verify against the current published text before relying on it for a submission or inspection.

Scope & applicability

Any processing of personal data by an organisation established in the EU, or targeting individuals in the EU. In regulated life sciences it reaches clinical-trial data, pharmacovigilance case records, and employee and healthcare-professional data — running alongside GxP obligations rather than instead of them, which is where the retention-versus-erasure tension arises.

Key requirements

  • Article 5 — the processing principles, including purpose limitation, data minimisation and storage limitation
  • Article 6 lawful basis and Article 9 conditions for processing health and other special-category data
  • Article 32 — security of processing appropriate to risk, including pseudonymisation and encryption where appropriate
  • Article 33 — notification of a personal data breach to the supervisory authority without undue delay and, where feasible, within 72 hours
  • Chapter V — transfers to third countries, and Article 89 safeguards and derogations for scientific research

Implementation tips

  • Resolve the retention conflict as policy, not per request: GxP and clinical-trial law impose retention periods that a Article 17 erasure request cannot override, and the lawful basis and retention schedule should state that in advance
  • Consent under GDPR and informed consent to participate in a trial are different instruments — conflating them is the most common design error in clinical data protection
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Regulation (EU) 2016/679: frequently asked questions

Quick answers to common questions about Regulation (EU) 2016/679.

What is Regulation (EU) 2016/679?

Regulation (EU) 2016/679 — General Data Protection Regulation (GDPR) — is a regulation issued by the European Commission — EudraLex (European Union). The EU regime for processing personal data: lawful basis, the data-protection principles, heightened conditions for health data as a special category, security of processing, breach notification, data-subject rights, and restrictions on transfers outside the EU.

Who does Regulation (EU) 2016/679 apply to?

Any processing of personal data by an organisation established in the EU, or targeting individuals in the EU. In regulated life sciences it reaches clinical-trial data, pharmacovigilance case records, and employee and healthcare-professional data — running alongside GxP obligations rather than instead of them, which is where the retention-versus-erasure tension arises.

What are the key requirements of Regulation (EU) 2016/679?

EC Regulation (EU) 2016/679 requires, among other things: Article 5 — the processing principles, including purpose limitation, data minimisation and storage limitation; Article 6 lawful basis and Article 9 conditions for processing health and other special-category data; Article 32 — security of processing appropriate to risk, including pseudonymisation and encryption where appropriate; Article 33 — notification of a personal data breach to the supervisory authority without undue delay and, where feasible, within 72 hours.

When was Regulation (EU) 2016/679 last updated?

The current version of Regulation (EU) 2016/679 dates from May 2018.