What is the primary objective of **GDPR**?

**The primary objective of GDPR is to protect the fundamental rights and freedoms of natural persons, particularly their right to the protection of personal data, while ensuring the free movement of personal data within the EU.** Enacted as Regulation (EU) 2016/679 and enforceable since **May 25, 2018**, it replaces the fragmented 1995 Data Protection Directive by establishing uniform rules through its seven core principles in **Article 5lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; and accountability.

Who is legally or professionally required to comply with **GDPR**?

**GDPR applies to any controller or processor established in the EU, or any non-EU entity offering goods/services to or monitoring the behaviour of EU data subjects, regardless of location.** Under **Article 3**, its extraterritorial scope captures global organisations processing **personal data**—defined broadly in **Article 4(1)** as any information relating to an identifiable natural person, including IP addresses or genetic data. Mandatory **Data Protection Officers (DPOs)** are required under **Article 37** for public authorities or large-scale systematic monitoring/processing of special categories.

Does **GDPR** require an external audit or third-party certification?

**No, GDPR does not mandate external audits or third-party certification for compliance.** As a directly applicable regulation, it enforces the **accountability principle** (**Article 5(2)**), requiring controllers to demonstrate compliance via internal measures like **Records of Processing Activities (ROPA)** (**Article 30**), **Data Protection Impact Assessments (DPIAs)** (**Article 35**), and **privacy by design/default** (**Article 25**). Optional certification mechanisms exist under **Articles 42-43**, but supervisory authorities conduct investigations and impose remedies without routine external audits.

How often should an assessment for **GDPR** be performed?

**GDPR requires ongoing, risk-based assessments rather than fixed intervals, with **DPIAs** mandatory prior to high-risk processing and reviewed if risks change.** **Article 35** mandates DPIAs for systematic monitoring, large-scale special category processing, or evaluative profiling; **Article 32** demands continuous evaluation of security measures based on risks, costs, and state-of-the-art. **Breach** assessments trigger within **72 hours** (**Article 33**), embedding compliance into a dynamic lifecycle without prescribed annual cadences.

What are the consequences of non-compliance with **GDPR**?

**Non-compliance with GDPR incurs tiered administrative fines up to €20 million or 4% of global annual turnover (whichever is higher) for severe violations, or €10 million/2% for lesser ones.** Under **Article 83**, supervisory authorities apply **EDPB five-step fining guidelines**, considering factors like intentionality and cooperation. Additional remedies include orders to cease processing (**Article 58**), data subject compensation (**Article 82**), and class actions; landmark fines exceed €4 billion total since 2018, with personal liability possible for DPOs.

Can **GDPR** be mapped to other international frameworks?

**Yes, GDPR principles and requirements can be mapped to other international privacy frameworks, serving as a global benchmark influencing laws like Brazil's LGPD and California's CCPA.** Its core tenets—lawful bases, data subject rights, and accountability—align with OECD Guidelines and Convention 108+, facilitating adequacy decisions (**Article 45**) for transfers. Multinationals leverage mappings for Binding Corporate Rules (**Article 47**) and Standard Contractual Clauses (**Article 46**) to harmonise compliance across jurisdictions.

What is the first step to begin implementing **GDPR**?

**The first step to implement GDPR is conducting a comprehensive data mapping exercise to inventory all personal data processing activities.** This identifies controllers/processors, legal bases (**Article 6**), and risks, forming the foundation for **ROPA** (**Article 30**) and DPIAs. Appoint a DPO if required (**Article 37**), then embed **privacy by design** (**Article 25**) into operations.

What is the primary objective of **EU AI Act**?

**The primary objective of the EU AI Act is to establish a risk-based regulatory framework that prohibits unacceptable-risk AI practices, imposes strict obligations on high-risk AI systems, mandates transparency for limited-risk systems, and fosters trustworthy AI across the EU market.** Regulation (EU) 2024/1689, effective 1 August 2024, targets safety, fundamental rights protection, and innovation by classifying AI into unacceptable, high, limited, and minimal risk tiers per Articles 5–6 and Annexes I–III.

Who is legally or professionally required to comply with **EU AI Act**?

**Providers, deployers, importers, distributors, and authorized representatives of AI systems used in or outputting to the EU must comply with the EU AI Act, regardless of location.** Providers develop or place high-risk systems on the market (Article 3(3)); deployers are professional users (Article 3(4)). Extraterritorial scope applies via EU output nexus (Article 2), covering GPAI providers under Chapter V.

Does **EU AI Act** require an external audit or third-party certification?

**High-risk AI systems require conformity assessment, which may involve third-party notified bodies for certain Annex III uses or when internal assessment is insufficient (Article 43, Annexes VI–VII).** Providers issue EU Declaration of Conformity (Article 47) and CE marking (Article 48) post-assessment; GPAI systemic-risk models face AI Office evaluations (Article 55). Notified bodies audit QMS and documentation (Articles 28–39).

How often should an assessment for **EU AI Act** be performed?

**Conformity assessments for high-risk AI must occur before market placement or service, with post-market monitoring continuous throughout the lifecycle (Articles 72–73).** Substantial modifications trigger reassessment (Article 3(23)); logs retained at least 6 months (Article 19); providers document non-high-risk classifications pre-market (Article 6(4)).

What are the consequences of non-compliance with **EU AI Act**?

**Non-compliance with the EU AI Act incurs tiered fines up to 7% of worldwide annual turnover or €40 million for prohibited practices (Article 99), 4% or €20 million for high-risk failures, and 2% or €10 million for others.** Additional remedies include market withdrawal, bans, incident reporting mandates, and personal liability; enforced by national authorities and AI Office (Articles 70, 74, 101).

Can **EU AI Act** be mapped to other international frameworks?

**Yes, EU AI Act obligations such as risk management (Article 9), data governance (Article 10), and cybersecurity (Article 15) align with harmonized standards under Article 40, enabling presumption of conformity.** It complements EU product safety regimes (Annex I) and GDPR via integrated DPIAs, though sector-specific mapping requires analysis; no direct international framework mappings specified.

What is the first step to begin implementing **EU AI Act**?

**The first step is to inventory all AI systems/models, classify by risk tier (prohibited per Article 5, high-risk via Article 6/Annexes I–III, GPAI per Chapter V), and document decisions.** Establish governance, eliminate prohibited practices (effective 2 February 2025), and prioritize high-risk conformity preparation.

GDPR vs EU AI Act

Standards Comparison

GDPR

Mandatory

2016

EU regulation for personal data protection and privacy rights

EU AI Act

Mandatory

2024

EU regulation for risk-based AI safety and governance

Quick Verdict

GDPR protects personal data privacy globally for EU subjects, mandating consent and rights. EU AI Act regulates AI risks with prohibitions and conformity for high-risk systems. Companies adopt GDPR for compliance, AI Act for safe EU market access.

Data Privacy

GDPR

Regulation (EU) 2016/679 General Data Protection Regulation

Cost

€€€

Complexity

Medium

Implementation Time

18-24 months

Key Features

Extraterritorial scope applies to non-EU entities targeting EU residents
Fines up to 4% of global annual turnover for violations
Accountability principle requires demonstrating compliance measures
Enhanced data subject rights including erasure and portability
Mandatory 72-hour personal data breach notifications

Artificial Intelligence

EU AI Act

Regulation (EU) 2024/1689 Artificial Intelligence Act

Cost

€€€€

Complexity

High

Implementation Time

18-24 months

Key Features

Risk-based four-tier AI classification framework
Prohibitions on unacceptable-risk AI practices
High-risk conformity assessment and CE marking
GPAI model systemic risk obligations
Post-market monitoring and incident reporting

Detailed Analysis

A comprehensive look at the specific requirements, scope, and impact of each standard.

GDPR Details

What It Is

General Data Protection Regulation (GDPR), or Regulation (EU) 2016/679, is a directly applicable EU regulation protecting natural persons' data privacy. It governs personal data processing with extraterritorial scope, applying to any entity targeting EU residents. Employs a risk-based accountability approach emphasizing demonstrable compliance.

Key Components

**Seven core principleslawfulness/fairness/transparency, purpose limitation, minimization, accuracy, storage limitation, integrity/confidentiality, accountability.
**Data subject rightsaccess, rectification, erasure ('right to be forgotten'), restriction, portability, objection.
Obligations include DPIAs, DPO appointment for high-risk processors, 72-hour breach notifications, processing records.
No certification; compliance via DPA enforcement with fines to 4% global turnover.

Why Organizations Use It

Mandatory for EU data handlers to avoid severe penalties.
Mitigates regulatory risks, builds customer trust.
Establishes global privacy benchmark, enhances reputation/competitiveness.

Implementation Overview

Gap analysis, policies, training, tech upgrades for all sizes/industries globally handling EU data.
Appoint DPO, conduct DPIAs, ongoing monitoring/audits under DPA oversight. (178 words)

EU AI Act Details

What It Is

The EU AI Act (Regulation (EU) 2024/1689) is the EU's comprehensive regulation for artificial intelligence, horizontally applicable across sectors. It aims to ensure safe, transparent, and trustworthy AI while protecting fundamental rights through a **risk-based approachprohibiting unacceptable risks, regulating high-risk systems, transparency for limited-risk, and minimal rules for others.

Key Components

Four risk tiers with specific obligations
High-risk requirements: risk management (Art. 9), data governance (Art. 10), documentation (Arts. 11-13), human oversight (Art. 14), cybersecurity (Art. 15)
GPAI models: technical docs, systemic risk mitigations (Arts. 51-55)
Compliance via conformity assessment, CE marking, EU database registration

Why Organizations Use It

Mandatory for EU market access, fines up to 7% global turnover
Mitigates risks to safety, rights; enables trust and competitiveness
Supports innovation in regulated sectors like healthcare, finance

Implementation Overview

Phased (6-36 months): inventory/classify AI, build lifecycle compliance, engage notified bodies. Targets providers/deployers with EU nexus; audits/post-market monitoring required. (178 words)

Key Differences

Aspect	GDPR	EU AI Act
Scope	Personal data protection and privacy	AI systems risk management and safety
Industry	All sectors processing EU data globally	AI providers/deployers in EU, all sectors
Nature	Directly applicable EU regulation	Risk-based AI regulation with prohibitions
Testing	DPIAs for high-risk processing	Conformity assessments, notified bodies
Penalties	Up to 4% global turnover	Up to 7% global turnover for prohibitions

Scope

GDPR

Personal data protection and privacy

EU AI Act

AI systems risk management and safety

Industry

GDPR

All sectors processing EU data globally

EU AI Act

AI providers/deployers in EU, all sectors

Nature

GDPR

Directly applicable EU regulation

EU AI Act

Risk-based AI regulation with prohibitions

Testing

GDPR

DPIAs for high-risk processing

EU AI Act

Conformity assessments, notified bodies

Penalties

GDPR

Up to 4% global turnover

EU AI Act

Up to 7% global turnover for prohibitions

Frequently Asked Questions

Common questions about GDPR and EU AI Act

GDPR FAQ

EU AI Act FAQ

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GDPR

EU AI Act

Quick Verdict

GDPR

Key Features

EU AI Act

Key Features

Detailed Analysis

GDPR Details

What It Is

Key Components

Why Organizations Use It

Implementation Overview

EU AI Act Details

What It Is

Key Components

Why Organizations Use It

Implementation Overview

Key Differences

Scope

Industry

Nature

Testing

Penalties

Frequently Asked Questions

GDPR FAQ

What is the primary objective of GDPR?

Who is legally or professionally required to comply with GDPR?

Does GDPR require an external audit or third-party certification?

How often should an assessment for GDPR be performed?

What are the consequences of non-compliance with GDPR?

Can GDPR be mapped to other international frameworks?

What is the first step to begin implementing GDPR?

EU AI Act FAQ

What is the primary objective of EU AI Act?

Who is legally or professionally required to comply with EU AI Act?

Does EU AI Act require an external audit or third-party certification?

How often should an assessment for EU AI Act be performed?

What are the consequences of non-compliance with EU AI Act?

Can EU AI Act be mapped to other international frameworks?

What is the first step to begin implementing EU AI Act?

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Run Maturity Assessments with GRADUM

Check out these other Gradum.io Standards Comparison Pages

WELL vs SQF

ISO 9001 vs MAS TRM

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