UK GDPR: Data Protection by Design and Default (Article 25)
Data Protection by Design and Default [Art 25]
Rule: You must build data protection into your processing activities and business practices from the design stage.
Data protection by design [Art 25(1)]
| Requirement | Details | Citation |
|---|---|---|
| At design stage | Consider data protection when designing systems | Art 25(1) |
| Throughout processing | Maintain throughout the lifecycle | Art 25(1) |
| Appropriate measures | Technical and organisational | Art 25(1) |
| State of the art | Consider current technology | Art 25(1) |
| Cost of implementation | Proportionate to resources | Art 25(1) |
| Data minimisation | Only collect what you need | Art 25(1) |
Data protection by default [Art 25(2)]
| Requirement | Details | Citation |
|---|---|---|
| Default settings | Most privacy-friendly settings by default | Art 25(2) |
| Minimum data | Only process data necessary for specific purpose | Art 25(2) |
| Limited storage | Minimum period necessary | Art 25(2) |
| Limited access | Only accessible to those who need it | Art 25(2) |
| Not public by default | Data should not be publicly accessible by default | Art 25(2) |
Practical implementation
| Measure | Example |
|---|---|
| Pseudonymisation | Replace identifiers early in data flow |
| Encryption | Encrypt data at rest and in transit |
| Access controls | Role-based access, least privilege |
| Data minimisation | Don’t collect “just in case” fields |
| Privacy settings | Most restrictive as default |
| Retention limits | Auto-delete after purpose achieved |
Certification [Art 25(3)]
Compliance can be demonstrated through approved certification mechanisms.
Source Text
Article 25(1): 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.
Article 25(2): 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.
Article 25(3): 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.