Any company with an online presence will likely collect customers’ personal data in the normal course of business. But those with customers residing in the European Economic Area (EEA) — basically, the European Union (EU) plus Iceland, Liechtenstein and Norway — must comply with the General Data Protection Regulation (GDPR). Companies serving UK data subjects post-Brexit must also abide by the UK GDPR, which includes certain regional variations.
GDPR authorities are only concerned with personal data (not with non-personal or anonymous data), ensuring that it’s collected, used, and stored in a way that respects users’ rights and privacy.
Failure to comply can present serious business risks, including:
- Financial penalties (more about that shortly)
- Compensation claims from data subjects for mishandling their information
- Reputational damage (if/when a data breach does occur)
- Disruption to operations
- Personal accountability of executives (including potential sanctions)
This article explores the GDPR and personal data protection, the rights it confers on European data subjects, and how those rights are enforced. We’ll wrap up with an 11-step plan for GDPR compliance.
Let’s begin.
The price of non-compliance
The largest fine so far levied for GDPR non-compliance is €1.2 billion in May 2023. It was imposed by the Irish Data Protection Commission (DPC) on Meta (previously Facebook). And it was because of Meta’s transfers of EU/EEA data subjects’ personal data to the US from 16 July 2020 in breach of GDPR international data transfer rules.
Many other fines have been levied for GDPR non-compliance, and there’ll probably be a lot more in the future:
| Penalty | Company | Supervisory Authority | Date |
| €746 million | Amazon | Luxembourg National Commission for Data Protection (CNDP) | 16 July 2021 |
| €405 million | Meta | Ireland’s Data Protection Commission (DPC) | 5 September 2022 |
| €390 million | Meta | Ireland’s Data Protection Commission (DPC) | 6 January 2023 |
| €345 million | TikTok | Ireland’s Data Protection Commission (DPC) | 1 September 2023 |
| €310 million | Ireland’s Data Protection Commission (DPC) | 30 October 2024 | |
| €290 million | Uber | Dutch Data Protection Authority (DPA) | 26 August 2024 |
Those are big numbers. European supervisory authorities take enforcement seriously
So, what is personal data anyway?
GDPR defines personal data as any information about a data subject (an identified or identifiable individual). This covers both direct (name, address, ID numbers, etc.) and indirect identifiers (IP addresses, location data, etc.). It categorises personal data into two types: general and special category.
General data includes identifiers like names, contact details, and financial information.
Special category data, such as racial or ethnic origin, health data, biometric information, and sexual orientation, needs more protection.
The processing of special category data is only allowed under certain conditions, for example, if consent was given explicitly or if vital interests (e.g., a threat to life), legal obligations, or public interest are involved. GDPR emphasises safeguarding sensitive data due to its potential impact on individuals’ privacy and rights.
Important GDPR terminology
Apart from the data subject, personal data, and special category data mentioned above, GDPR introduces other legal terms and concepts organisations must understand. A data controller decides what personal data to collect and how to use it. A data processor processes the data on behalf of the data controller.
A Data Protection Officer (DPO) oversees GDPR compliance. Processing is any operation performed on data, such as collecting, analysing or storing it. That processing must also have a lawful basis, such as consent, contract, or legitimate interests. And consent must be freely given, specific, and easily withdrawable.
A data breach involves unauthorised access to or loss of personal data. A Data Protection Impact Assessment (DPIA) identifies risks to individuals’ rights. Data minimisation requires organisations to minimise what data they collect. Countries in the EU/EEA have appointed a supervisory authority to enforce GDPR in their territory.
Rights of EU/EEA data subjects under GDPR
GDPR grants specific rights to individuals (data subjects) who are physically present in the EU/EEA when their personal data is processed, regardless of nationality or residence status. The business’s physical or legal presence is irrelevant, as the determining factor is the data subject’s location at the time of processing.
Non-compliance can lead to significant penalties and even criminal charges in jurisdictions where such penalties are enforced under national law.
To support responsible data practices, the GDPR defines key foundational rights.
Transparency
Two rights granted to data subjects in the EU/EEA under GDPR relate to transparency:
- The right to be informed (proactive, applies at data collection)
- The right of access (reactive, applies when the data subject makes a request)
They provide transparency by mandating that data subjects be provided specific details about that process, including:
- Company or organisation processing the data (with contact details)
- Reasons for using the data
- Categories of personal data involved
- Legal basis for processing the data
- How long data will be stored
- Other companies, organisations, or third parties with access to the data
- Whether data will be transferred outside the EU/EEA
Privacy notices should meet the standards in GDPR Articles 12–14, covering what data is collected, for what purpose, and how users can exercise their rights.
For a deeper dive, check out: How to write a GDPR-compliant privacy notice.
Objections and restricted processing
Under GDPR, individuals in the EU/EEA have the right to object to the processing of personal data in two key respects:
- They can object to direct marketing, after which organisations must stop processing their data immediately, with no justification required.
- If data is being processed on the basis of the organisation’s legitimate interests or for tasks carried out in the public interest, data subjects can object if they believe their own rights and freedoms outweigh those interests. Again, processing must stop unless the organisation proves compelling legitimate grounds outweighing the individual’s rights.
Individuals can also request temporary restrictions on data processing when:
- Their data isn’t accurate (until verified).
- Processing is unlawful, but they prefer restriction over deletion.
- Their data is no longer being used, but must be retained for legal purposes.
- After they object to processing while verification of legitimate grounds is pending.
During restriction, the organisation can continue storing the data, but may not process it without explicit consent or when certain exceptions apply.
Rectification and erasure
Individuals have the right to rectify errors in their data and to erasure (deleting data). First, they can request corrections to inaccurate or incomplete personal data. GDPR requires organisations to act without undue delay to ensure that stored data remains accurate and up to date.
The right to erasure (aka the right to be forgotten) enables individuals to request deletion of their personal data when:
- It’s no longer needed for its original purpose
- They withdraw consent, and no other legal basis exists
- Processing is unlawful
- They object to processing, and no overriding legitimate grounds exist
- The data must be deleted to comply with a legal obligation
Organisations must delete data unless exemptions (e.g., legal compliance, public interest, or legal claims) apply.
Data portability
GDPR provides the right to data portability. People can request their personal data in a structured, common, and machine-readable format so it’s easier to review or transfer to another service provider. This applies when data is:
- Provided by the individual, either directly (e.g., name, email) or indirectly through use of a service (e.g., purchase history)
- Processed based on consent or a contract
- Handled using automated means
Portability does not apply to personal data processed on the basis of legal obligations or legitimate interests. ItT only applies when processing is based on consent or a contract, and carried out by automated means.
Where technically feasible, GDPR also requires organisations to facilitate direct transfers of personal data to another controller at the subject’s request.
Automated decision-making and profiling
GDPR grants EU/EEA data subjects the right not to be subject exclusively to automated decision-making, with legal or similarly significant effects, without human involvement. This applies to issues affecting them, such as job screening, loan approvals, or insurance pricing. They can:
- Request human intervention: A real person must review the decision.
- Express their viewpoint: Provide additional information or dispute the outcome.
- Challenge the decision: Demand justification and correction if unfair.
For example, imagine someone applying for a loan online, and the algorithm rejects the application based on credit history. They can request a human review to ensure fairness and consider special circumstances, such as recent debt clearance.
However, GDPR also provides for some exceptions. Automated decisions are allowed if one of the following statements is true:
- It’s obtained with explicit consent.
- It’s necessary for a contract.
- It’s permitted by law, with safeguards.
How is GDPR enforced?
GDPR enforcement is carried out primarily by national supervisory authorities in each EU/EEA country. These authorities investigate complaints, conduct audits, and impose penalties for non-compliance within their jurisdictions. In cross-border cases, they collaborate through the one-stop-shop mechanism, which designates a lead authority to coordinate enforcement.
The European Data Protection Supervisor (EDPS) is the independent data protection authority for EU institutions and agencies. It does not supervise private-sector or national public-sector organisations and is not a general enforcer of the GDPR.
The European Data Protection Board (EDPB) is the body responsible for ensuring consistent application of the GDPR across the EU/EEA. Made up of representatives from national supervisory authorities and the EDPS, the EDPB issues guidelines, resolves disputes between authorities, and adopts binding decisions in cross-border matters.
The origins of GDPR
The EU’s regulation was adopted in 2016 to replace the 1995 Data Protection Directive (DPD), which predated the digital age. As technology use increased, vast amounts of personal data were collected, analysed, and stored, often without people’s knowledge, threatening their privacy and security.
The main motivation behind GDPR was to unify the application of data protection rules across the EU/EEA through a directly applicable regulation, rather than a directive that required separate implementation by each member state. The aim was to eliminate fragmentation, ensure consistent enforcement, and strengthen individuals’ rights.
Enter GDPR. It was agreed upon after years of negotiations between the 27 EU member states, the European Parliament, and the European Commission. It was formally adopted in 2016 and became fully enforceable on May 25, 2018. But there’s a difference. DPD was a directive that had to be implemented separately by member states. From that date, GDPR has been applied uniformly across the EU/EEA.
The EEA adopted the GDPR on 6 July 2018 and went into force on 20 July 2018. It’s since become a global template, influencing data protection and privacy laws in countries like Brazil (LGPD), India, and Japan. The UK retained GDPR after Brexit, adapting it into the UK GDPR, which closely mirrors the EU version but allows for future divergence.
Who does it apply to?
GDPR protects the personal data of individuals who reside in the EU/EEA. It applies to any organisation processing that data, no matter where it’s located in the world. This remains true even if the data is transferred outside the EU/EEA for storage and/or processing.
Organisations are having difficulty with this regulation, as evidenced by the fines that have been meted out. Whether the penalties are paid, reduced through negotiation or still owed, their existence is a lingering uncertainty for the companies involved.
Who must comply
GDPR applies if you:
- Have an office or another form of establishment in the EU/EEA, or
- Offer goods/services to data subjects located in the EU/EEA (even if free) or
- Monitor EU/EEA data subjects’’ behaviour (e.g., via cookies or analytics)
What does GDPR require?
GDPR requires organisations to respect a clear set of data protection principles: lawfulness, fairness and transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity and confidentiality, and accountability. It also obliges them to ensure that they always have a valid legal basis (consent, contract, legal obligation, legitimate interests, etc.) to process the personal data.
Data should also not be stored longer than necessary to fulfil the specific purpose for which it was collected. Appropriate organisational measures must be taken to ensure the security and integrity of the personal data and protect it from breaches, loss, or unauthorised access. Should a reportable data breach occur, it must be reported to the relevant supervisory authority within 72 hours. Affected individuals must be informed if the breach is likely to result in a high risk to their rights.
Organisations must also demonstrate accountability by keeping detailed records of processing activities and conducting DPIAs for high-risk processing. If their core activities involve large-scale processing of special categories of data or regular and systematic monitoring of individuals, they must appoint a DPO.
Finally, organisations must implement adequate safeguards when transferring data outside the EU/EEA through the GDPR Chapter V mechanism, such as adequacy decisions, Standard Contractual Clauses, Binding Corporate Rules, etc.
By adhering to these requirements, organisations ensure compliance with GDPR and protect the data privacy and rights of EU/EEA data subjects.
11 steps to compliance
Once you’ve confirmed that the GDPR applies to your organisation’s processing of personal data, you can begin working toward compliance.
Below, we’ve broken the process into eleven clear steps to help guide you.
Step 1: Map your data: Purpose, use and legal basis
Any organisation operating in the EU, EEA or UK and handling personal data of data subjects in those regions must audit all the personal data it currently holds.
Your organisation must identify the legal basis for processing all data subject to the GDPR. If no legal basis can be found or justified, the processing will not be permitted under the GDPR.
Step 2: Consider appointing a DPO
According to the GDPR text, a DPO is mandatory only under certain conditions, mainly due to processing volume and the type of organisation. But there are certain scenarios where it’s required.
- Public authorities that process personal data as a matter of course, except for courts in their judicial capacity.
- Organisations whose core activities involve regular and systematic monitoring of data subjects on a large scale.
- Organisations that process specific “special” data categories (as defined by the GDPR) or data relating to criminal offences as a core activity on a large scale.
It’s vague, and GDPR doesn’t clearly define “core activity” or “large scale”. If you are unsure whether your organisation falls into these categories, seek legal advice and err on the side of caution. Regardless, even if you are not required to appoint a DPO, it’s a good idea to appoint someone to monitor and oversee GDPR compliance efforts internally.
Step 3: Identify supervisory authorities
This is generally governed by the territories in which an organisation operates. However, GDPR does make provisions for operations that cover multiple countries. In those cases, the GDPR provides a one-stop-shop mechanism to streamline oversight.
In such cases, a lead supervisory authority (LSA) is designated. Organisations cannot freely choose their lead supervisory authority; it depends on the location of the main establishment (Art. 56 GDPR).
Most EEA countries have only one supervisory authority. Germany is the exception. Federal states each have their own DPA, and the Bundesbeauftragte für den Datenschutz und die Informationsfreiheit oversees federal matters.
Step 4: Consider a Data Protection Impact Assessment
GDPR requires a DPIA when processing is likely to result in a high risk to individuals’ rights and freedoms. Examples include large-scale processing of sensitive data, systematic profiling, public monitoring, or innovative technology use. A DPIA involves describing the processing, assessing necessity, identifying risks, and implementing mitigation measures.
If the process reveals residual, unmitigated high risks, the DPIA report must be submitted to the nominated supervisory authority for consultation before the processing can proceed. Feedback can be expected within 8 weeks (extendable to 14 weeks), and the recommendations must be implemented. Conducting a DPIA is one way to ensure compliance. It also protects individuals’ rights and avoids fines for non-compliance.
Step 5: Establish a data breach process
Organisations must quickly implement systems to identify and assess breaches for scope and impact. They must act immediately to contain the breach and record all the details and the actions taken.
Data breaches likely to result in a risk to individuals’ rights and freedoms must be reported to the supervisory authority within 72 hours of the organisation becoming aware of the breach. If the breach is likely to result in a high risk to the individuals’ rights and freedoms, the controller has an obligation to inform the affected individuals as well. Data breach processes should also be reviewed regularly and included in staff training.
Here’s a simplified version:
| Simplified data breach response checklist | |
| 𝥁 | Detect and confirm the breach |
| 🮱 | Contain and mitigate the impact |
| 🮱 | Assess the severity and potential harm |
| 🮱 | Document the breach |
| 🮱 | Report the breach |
| 🮱 | Inform affected individuals |
| 🮱 | Review and improve |
| 🮱 | Train staff in breach response protocols |
Step 6: Review websites and website form security
Websites and the forms on them are common gateways for personal data, making them a high-value target for bad actors. Ensuring these entry points are secure is essential to protecting user data and supporting GDPR’s requirements for confidentiality, integrity, and resilience (Article 32).
Here are some key actions to take:
| Website and form security best practices | |
| Use HTTPS with a valid SSL/TLS certificate | Ensure pages that collect/display personal data are served over HTTPS to encrypt data in transit and prevent interception. |
| Secure all data collection forms | Validate and sanitize user input to protect against common threats, such as cross-site scripting (XSS), injection attacks, and form spam. Use security headers such as Content Security Policy (CSP) to prevent malicious script execution. Implement CAPTCHAs or other bot detection. |
| Restrict access to form submissions | Store submitted data securely and restrict access to authorized personnel. Use strong passwords, enable multi-factor authentication (MFA), and apply role-based access controls (RBAC) where possible. |
| Keep your website software up to date | Apply regular security patches to your CMS, plugins, and third-party libraries. Remove unused components and services that may introduce vulnerabilities. |
| Monitor and test for vulnerabilities | Perform regular security scans andpenetration tests to identify risks. Monitor error logs and unusual activity, especially around form endpoints. |
Taking these proactive steps to strengthen form security and reduce breach risk will support your organization’s GDPR compliance posture..
Step 7: Consider age when required
Under Article 8 of the GDPR, age verification is only required when:
- Personal data is being processed on the basis of consent, and
- The service is offered directly to children (i.e., an information society service provided online)
In these cases, organisations must ensure the child is at least 16 years old, unless a lower age threshold has been set by national law (e.g., 13 in the UK).
Age verification methods must be proportionate to the level of risk, aligned with the principle of data minimisation, and appropriate for the audience. Common approaches include:
- Self-declaration with confirmation prompts
- Email-based parental consent mechanisms
- Content gating or notices for services not intended for children
More intrusive methods, such as biometric estimation, government ID upload, or video verification, should be avoided unless absolutely necessary. When justified, such methods must undergo a Data Protection Impact Assessment (DPIA) and meet the requisite necessity and proportionality standards.
Step 8: Implement double-opt-in for all email lists and services
At present, Germany is the only EU country with a clear legal mandate for double opt-in under its national GDPR implementation and ePrivacy laws. While not explicitly required elsewhere in the EU and EEA, double opt-in is widely recommended as a best practice to ensure explicit consent.
This process confirms that the user explicitly agrees while reducing opportunities for fraud and improving compliance. It also builds trust, as customers know how you’re handling their data. A clear, up-to-date privacy policy is essential to the process. It must outline how data is used and stored and how an individual’s rights can be exercised.
For example, obtaining consent in an email marketing campaign may involve the following steps:
- The user signs up for a newsletter or service.
- They receive a confirmation email/text message with a verification link.
- The user clicks the link to confirm consent.
Step 9: Restrict international data transfers
GDPR limits data subjects’ personal data transfer outside the European Economic Area (EEA) unless certain conditions are met.
Such transfers are not permitted unless one of the following conditions is met:
- Appropriate safeguards are in place, such as:
- Standard contractual clauses (SCCs) approved by the Commission
- Binding corporate rules (BCRs) for multinational groups
- The destination country is one of the following countries that has received an adequacy decision from the European Commission.
| Countries with GDPR adequacy decisions (as of July 2025) | |
| Andorra | Full adequacy decision |
| Argentina | Full adequacy decision |
| Canada | Applies only to commercial organisations under PIPEDA |
| Faroe Islands | Full adequacy decision |
| Guernsey | Full adequacy decision |
| Isle of Man | Full adequacy decision |
| Israel | Full adequacy decision |
| Japan | Adequacy with additional safeguards aligned to EU standards |
| Jersey | Full adequacy decision |
| New Zealand | Full adequacy decision |
| Republic of Korea | Adequacy decision adopted in 2021 |
| Switzerland | Longstanding adequacy decision (dating back to the 2000s) |
| United Kingdom | Adequacy under both GDPR and the Law Enforcement Directive (LED) |
| United States | Applies only to commercial organisations certified under the EU-US Data Privacy Framework |
Major fines (like Meta’s €1.2 billion) have already been levied for unlawful data transfers. In addition, third-party service providers and data processors charged with handling EU data must also be GDPR-compliant.
If personal data is processed by a third party outside the EEA, organisations must verify that contractual safeguards comply with GDPR Article 28. These processor management safeguards cover:
- Contractual – Defines what the processor is permitted to do with personal data
- Security – Specifies technical and organisational safeguards to protect data
- Breach notifications – Requires processors to report breaches in a timely manner
- Sub-processor oversight – Grants approval rights over any sub-processors
- End-of-service handling – Ensures return or proper disposal of personal data at contract end
- Audit rights – Allows controllers to audit processor compliance if needed
Step 10: Record of Processing Activities (ROPA)
GDPR obliges both data controllers and data processors to maintain a Record of Processing Activities (ROPA). This processing register details how and why personal data is processed, and it must include the following:
- Name and contact details (and DPO, if applicable)
- Processing purposes (marketing, HR, customer service, etc.)
- Data categories (names, emails, financial data, etc.)
- Data subject categories (customers, employees)
- Transfers outside the EEA (legal basis, safeguards like SCCs, etc.)
- Retention periods for each data category
- Security measures (encryption, access controls, etc.).
For data controllers, the ROPA must also include the names and details of any people who receive personal data, such as services or processors. The register should also map the flow of data through the organisation (and any third parties), which is needed for audits or analysing a data breach.
An effective ROPA depends on strong data governance. Clearly-defined processes, ongoing training, and regular reviews are necessary to keep internal policies aligned with how personal data is actually handled in practice.
Maintaining a ROPA also supports GDPR’s accountability principle: organisations must be able to show compliance, not just claim it. Documented policies, audits, and training records provide the evidence needed to demonstrate this.
Step 11: Data subject rights management
Organisations that collect, store, analyse, or process the personal data of EEA data subjects must regularly advise customers of their rights under GDPR. In particular, they must remind data subjects of their right to submit a Data Subject Access Request (DSAR) and respond promptly to DSARs from individuals requesting access to their personal data.
Among other things, EEA data subjects may request:
- Confirmation that their data is being processed
- A copy of their data
- Information about how and why their data is being processed
- The purposes of processing
- Categories of personal data involved
- Recipients or categories of recipients who receive the data
- Data retention periods or criteria used to determine them
- The data source (if not collected directly from the individual)
DSARs can be refused if they’re manifestly unfounded or excessive or if providing the data would adversely affect the rights of others. But it’s advisable to use that as a last resort.
GDPR compliance in practice
GDPR compliance isn’t automatic — not even with privacy-focused tools like Matomo or reconfigured platforms like Google Analytics 4.
Regardless of which analytics solution you use, data protection laws like GDPR and the ePrivacy Directive require organisations to:
- Track only occurs when lawful, and with valid user consent when required.
- Configure privacy settings to comply with the GDPR.
- Only collect data that is proportionate, transparent, and serves a legitimate, disclosed purpose.
Even the best tools can fail if they aren’t used properly. That’s why governance, intentional setup, and consistent consent management are necessary parts of compliance.
Matomo offers secure, privacy-focused GDPR analytics. It includes a built-in GDPR Manager and privacy centre to fine-tune your privacy settings.
To get started with Matomo, you can sign up for a 21-day free trial — no credit card required.
