GDPR
EU regulation for protecting personal data privacy
ISO 37301
Certifiable international standard for compliance management systems.
Quick Verdict
GDPR mandates data privacy for EU residents worldwide with hefty fines, while ISO 37301 offers voluntary certification for comprehensive compliance systems. Companies adopt GDPR for legal compliance, ISO 37301 for governance excellence and stakeholder trust.
GDPR
Regulation (EU) 2016/679 (General Data Protection Regulation)
Key Features
- Extraterritorial scope applies to non-EU entities targeting EU residents
- Accountability principle requires demonstrable compliance via DPIAs and records
- Fines up to 4% of global annual turnover for serious violations
- Enhanced data subject rights including erasure and portability
- 72-hour mandatory breach notification to supervisory authorities
ISO 37301
ISO 37301:2021 Compliance management systems
Key Features
- Certifiable requirements replacing guidance-only ISO 19600
- Risk-based compliance obligations assessment and planning
- Leadership commitment and organizational culture emphasis
- Robust whistleblowing channels with anti-retaliation protections
- HLS alignment for integration with other ISO standards
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
GDPR Details
What It Is
Regulation (EU) 2016/679, known as the General Data Protection Regulation (GDPR), is a directly applicable EU regulation. Its primary purpose is protecting natural persons' personal data during processing, ensuring free movement within the EU. It adopts a risk-based accountability approach, expanding personal data definitions and lawful processing bases.
Key Components
- Seven core principles: lawfulness, purpose limitation, minimization, accuracy, storage limitation, integrity/confidentiality, accountability.
- Enhanced data subject rights: access, rectification, erasure, portability, objection.
- Obligations like DPIAs, DPO appointment, 72-hour breach notifications.
- Compliance model enforced by DPAs with fines up to 4% global turnover; no certification but demonstrable proof required.
Why Organizations Use It
Mandatory for EU data processors worldwide due to extraterritorial scope. Reduces legal risks, avoids massive fines, builds trust, enables global data flows. Enhances reputation, supports Digital Single Market competitiveness.
Implementation Overview
Involves gap analysis, policy updates, training, ROPA maintenance, DPIAs. Applies to all sizes processing EU data, especially high-risk/large-scale. No formal certification; ongoing audits by DPAs. Two-year transition highlighted complexity for SMEs.
ISO 37301 Details
What It Is
ISO 37301:2021, officially "Compliance management systems – Requirements with guidance for use," is a certifiable international standard for establishing, implementing, maintaining, and improving a Compliance Management System (CMS). It applies a risk-based Plan-Do-Check-Act (PDCA) methodology, aligned with the ISO High-Level Structure (HLS) for broad applicability across organizations.
Key Components
- Leadership commitment, policy, roles, and fostering compliance culture
- Identifying obligations, risk assessment, objectives, and planning controls
- Resources, competence (per ISO 37303), awareness, whistleblowing channels
- Operational integration, monitoring/KPIs, audits, management reviews, continual improvement Follows HLS with ~40 pages of requirements; certifiable via accredited bodies like ANAB.
Why Organizations Use It
- Meets regulatory/ESG demands, reduces fines/reputational risks
- Builds stakeholder trust, supports UN SDGs (8,11,16)
- Enables integrated management systems, competitive certification edge
Implementation Overview
Phased: context analysis, obligation register, controls/training, audits/certification. Suited for all sizes/sectors; involves cultural change, documentation; 3-year certification cycle.
Key Differences
| Aspect | GDPR | ISO 37301 |
|---|---|---|
| Scope | Personal data protection and privacy | All compliance obligations and risks |
| Industry | All sectors, EU data subjects globally | All sectors and sizes worldwide |
| Nature | Mandatory EU regulation with fines | Voluntary certifiable management standard |
| Testing | DPIAs, audits by supervisory authorities | Internal audits, certification body assessments |
| Penalties | Up to 4% global turnover fines | Loss of certification, no legal fines |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about GDPR and ISO 37301
GDPR FAQ
ISO 37301 FAQ
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