Rethinking GDPR, Blockchain And Data-Protection-By-Design: An Opportunity To Innovate?

In this briefing, Colin Rooney and Hugh McCarthy examine a question at the intersection of blockchain technology and the GDPR – does the ledger contain personal data? – and consider the importance of applying the GDPR's data protection-by-design principle at an early stage.

Key take-aways

1. At least some of the data on the blockchain ledger will likely constitute personal data depending on: (i) the encryption and hashing techniques applied; and (ii) the architecture of the framework;
2. The architecture of a particular blockchain framework is a key part of ensuring GDPR compliance. To meet the GDPR's data protection-by-design principle, a data protection risk / opportunity analysis should be conducted as early as possible in the design stage of the blockchain framework; and