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1 Use a private, permissioned


While the most common vision of blockchain is of a

fully public, permissionless network, there are a wide

variety of blockchain solutions, many of which are in

fact private and require permission to join. Because

anyone can join a public permissionless blockchain,

it is impossible to ensure participants agree to

necessary rules around the protection of personal

data. As a result, the only clearly effective way of

achieving a GDPR-compliant blockchain solution is by

using a private, permissioned blockchain.

2 Avoid, if possible, the storing

of personal data on the


The most obvious way to avoid GDPR compliance

issues is, predictably, to employ a blockchain solution

that avoids processing any personal data. While

keeping a blockchain completely free of personal data

will be very difficult to achieve, this should not prevent

efforts being made to keep personal data off-chain

(as far as it is possible to do so). This may be done,

for example, by storing an encrypted anonymous hash

of the personal data on-chain, with the underlying and

identifiable personal data being kept off-chain, and

also by minimising free form data.

3 Implement a detailed

governance framework.

Given: (a) the need to ensure that personal data is

adequately protected; (b) the requirements under the

GDPR to establish contractual relationships governing

the processing of personal data between parties; and

(c) the legal obligations on data controllers to provide

individuals with privacy notices and a means to

uphold their personal data rights, a GDPR-compliant

commercial blockchain solution will require a detailed

governance framework that is contractually binding on

all participants and clearly sets out each party's rights

and responsibilities.

4 Employ innovative solutions

to data protection problems.

The immutable nature of blockchain data is the

one element of the technology which clashes most

obviously with data subjects' rights under the GDPR,

especially the right to erasure (the so-called right to

be forgotten) and the right to rectification (i.e. to

have incorrect personal data corrected). However,

through reliance on innovative solutions such as the

use of advanced irreversible encryption as a means of

deletion, it is possible to comply with the spirit and

(we argue) the policy of data protection legislation, if

not yet fully the word.

Ultimately, we are calling on regulatory authorities and

technology providers to take any reasonable remaining

steps necessary to address the outstanding privacy

challenges posed by blockchain.

If these steps are not taken, there is a risk of a stall in (or

even end to) investments in blockchain companies who

are developing innovative solutions that could, in the

long-run, benefit the world as a whole.

GDPR and the Blockchain I 7


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