The General Data Protection Regulation (GDPR or Regulation) is applicable from May 25, 2018 and, for this purpose, many data controllers must perform a data protection impact assessment. The data protection impact assessment has been applied in some Member States of the European Union (e.g. UK, France), even if not fully consistent with GDPR, in order to assess the potential risks of data processing and to take measures that are tailored to the degree of risk identified. In Hungary, however, this legal institution is less known to data controllers, since the Hungarian Data Protection Act does not regulate the data protection impact assessment and does not require the performance of such an obligation.
The obligation to perform a data protection impact assessment connects closely to the principles of data protection by design and by default that are emphasized in the Regulation, since services should be designed so that data protection is already considered from the first step, while the planning and execution of appropriate risk management measures should also happen.
The impact assessment is also closely linked to the accountability principle that requires the development of a data management practice that is consistent with GDPR.