Article 32 GDPR - Security of processing

1. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the controller and the processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate:

(a) the pseudonymisation and encryption of personal data;

(b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;

(c) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;

(d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.

2. In assessing the appropriate level of security account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed.

3. Adherence to an approved code of conduct as referred to in Article 40 or an approved certification mechanism as referred to in Article 42 may be used as an element by which to demonstrate compliance with the requirements set out in paragraph 1 of this Article.

4. The controller and processor shall take steps to ensure that any natural person acting under the authority of the controller or the processor who has access to personal data does not process them except on instructions from the controller, unless he or she is required to do so by Union or Member State law.

Relevant Recitals

Frequently Asked Questions

Short answers to common questions about this provision. They are general information and not legal advice.

It requires both the controller and the processor to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation, the nature, scope, context and purposes of the processing and the risk of varying likelihood and severity for the rights and freedoms of natural persons. Unlike Article 25, which addresses only the controller, the security duty binds the processor directly.

Paragraph 1 lists, as appropriate, the pseudonymisation and encryption of personal data, the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services, the ability to restore availability and access to personal data in a timely manner after a physical or technical incident, and a process for regularly testing, assessing and evaluating the effectiveness of the measures. The list is illustrative, introduced by inter alia, so none of the items is mandatory in every case and other measures may be required.

Paragraph 2 directs the assessment to the risks presented by the processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed. These categories correspond to the definition of a personal data breach in Article 4(12), so the assessment is essentially a breach-risk analysis carried out in advance.

Adherence to an approved code of conduct under Article 40 or an approved certification mechanism under Article 42 may be used as an element to demonstrate compliance with paragraph 1. Paragraph 3 frames it as one element of the demonstration, not as a presumption that the security obligation is satisfied.

It obliges the controller and processor to take steps to ensure that any natural person acting under their authority who has access to personal data does not process them except on instructions from the controller, unless required to do so by Union or Member State law. It converts the instruction principle of Article 29 into a positive organisational duty, so measures such as access management and staff instructions form part of security compliance.