The GDPR Requirement for Maintaining Records of Processing Activities
17 January 2025The General Data Protection Regulation (GDPR) transformed the data protection landscape by introducing extensive and detailed obligations on personal data controllers. These requirements reflect the level of risk associated with processing personal data, the number of individuals with access, the volume and sensitivity of the data involved, and related considerations. Given these nuanced criteria, determining the applicability of a specific requirement to a particular controller is not always straightforward. Nevertheless, achieving GDPR compliance is crucial, as non-compliance can result in substantial fines and reputational damage.
Requirement for Maintaining Records of Processing Activities
Among the GDPR’s requirements, Article 30(1) mandates that controllers maintain records detailing their processing activities. This record serves as both a compliance measure and an operational safeguard, providing an essential overview of data handling practices. According to Article 30(1), each data controller must maintain a record of processing activities under its responsibility, which should include:
- The name and contact details of the controller and, where applicable, the controller’s representative and the data protection officer;
- The purposes for which the data is being processed;
- A description of the categories of data subjects (e.g., customers, employees) and the types of personal data processed (e.g., contact information, financial data);
- The categories of recipients who have received or will receive the personal data, including any recipients in third countries or international organisations;
- Where applicable, details on transfers of personal data to third countries or international organisations, along with the identification of those countries or organisations and, when required, documentation of appropriate safeguards;
- Where possible, anticipated time limits for data retention, as specified for each data category;
- Where possible, a general description of the technical and organisational security measures employed to protect the data.
These requirements are intended to ensure that organisations maintain transparency and accountability in their data processing activities, facilitating oversight by both internal and external stakeholders, including regulatory authorities.
Exceptions to the Record-Keeping Requirement
Maintaining comprehensive records of processing activities can impose significant administrative costs, particularly on smaller entities with limited resources. To address this, Article 30(5) provides an exemption for organisations with fewer than 250 employees. However, recognizing the potential risks associated with certain processing activities, the GDPR specifies cases in which even smaller organisations are required to maintain records.
Exceptions to the Exception
The following scenarios revoke the exemption, requiring smaller organisations to comply with the record-keeping requirement:
- When processing activities are likely to pose a risk to the rights and freedoms of data subjects, thereby necessitating more rigorous oversight;
- When processing activities are routine rather than occasional, indicating that personal data is central to the organisation’s day-to-day operations;
- When processing includes special categories of data, such as data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, as well as genetic and biometric data used for identifying individuals, health data, or data concerning a person’s sexual life or orientation;
- When the data being processed pertains to criminal convictions and offences, underscoring the sensitivity and regulatory importance of such information.
These exceptions underscore the GDPR’s prioritisation of data security and privacy, ensuring that the need for documentation and accountability aligns with the risks involved in data processing.
Conclusion
In conclusion, strict compliance with data protection legislation is essential for organisations of all sizes. At New Balkans Law Office, we provide clients with comprehensive data protection support, including the drafting of GDPR-compliant policies, establishing and maintaining records of processing activities, and representing clients in matters involving supervisory bodies. Our firm brings significant expertise and a dedicated interest in the field of data protection. For further insights, we invite you to explore our analysis of the The California Consumer Privacy Act: EU perspective. This comparative approach can help clients understand data protection requirements across multiple jurisdictions.