GDPR Compliance: A General Overview
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GDPR compliance is when a company conforms with the laws surrounding the privacy of EU citizens. The General Data Protection Regulation (GDPR) controls when and how a data processor, or company, uses the personal data of a data controller, or consumer. All companies conducting business within the EU must achieve GDPR compliance. Further, GDPR compliance is required for any company that processes personal data of EU citizens, regardless of whether they sell products or services.
The article below helps you understand everything you need to know.
What is GDPR Compliance?
GDPR compliance is when a company conforms with the laws surrounding the privacy of EU citizens. The General Data Protection Regulation (GDPR) controls when and how a data processor, or company, uses the personal data of a data controller, or consumer. All companies conducting business within the EU must achieve GDPR compliance.
Here is an article that goes further into GDPR compliance.
General Data Protection Regulation Explained
The GDPR was adopted in May 2018 by the European Parliament and the Council of the European Union. Legislation was introduced and passed to reflect more stringent data processing, privacy, and storage standards since this issue affects more people at the local and international levels. Other governments have passed similar legislation, including the State of California, which enacted the California Consumer Privacy Act ( CCPA ) in June 2018.
This article also explains the General Data Protection Regulation.
What Does It Mean to Be for a Company to Be GDPR Compliant?
A company is GDPR compliant when it meets legal requirements. There are several elements required to achieve this objective. Due to the vastness of legislation, many companies choose to utilize a GDPR compliance framework.
GDPR Compliance Framework
There are severe penalties on the line for GDPR violations. In addition to financial losses, failing to comply can also result in the disclosure of personally identifiable information for millions of people.
A GDPR compliance framework will help you keep track of the most significant areas to address. GDPR does require that personal data be kept for no longer than necessary for the purposes for which it was collected.
Ensure that your compliance efforts address the following elements:
- Element 1. Employ a data protection officer (DPO)
- Element 2. Data privacy design and assessment
- Element 3. Data governance measures
- Element 4. Get consent for data collection, retention, and destruction
- Element 5. Compliance, auditing, and record-keeping
- Element 6. Data breach obligations and reporting
There’s no doubt that the GDPR comprises a complicated set of laws and rules. Plus, your approach to compliance will look different from that of another company or industry. It would be best to work with technology lawyers and other advisors to determine which method is best for your company.
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7 Principles of the GDPR
The seven principles of the GDPR create a framework for compliance. Data controllers are required to understand and incorporate each of them into their regular business practices. The seven principles of the GDPR are as follows:
Principle 1. Lawfulness, Fairness, and Transparency
Organizations must inform data controllers about why and how data is collected. It’s also necessary to identify what systems determine data processing for legality purposes. We refer to this element as a lawful basis for processing.
Principle 2. Purpose Limitation
Personal data collection must be for a legitimate business purpose. In addition, you must ensure that your company is clear and open about the reasons for obtaining personal information. Business owners must also share what they will do with the data while remaining consistent with reasonable expectations.
Principle 3. Data Minimization
Personal data processing should also be appropriate, relevant, and limited to necessity. Establish the data amount required to fulfill your business objectives. The actual processing should follow through on its disclosure and not storing or processing anymore than that.
Principle 4. Accuracy
Ensure that personal data collected and processed is up-to-date and accurate. You must take reasonable steps so that incorrect information is destroyed or rectified as soon as possible. Business owners can achieve more significant accuracy requirements by conducting routine audits.
Principle 5. Storage Limitation
Companies cannot keep personal consumer data for periods longer than necessary. The GDPR doesn’t set specific lengths of time for different types of personal data, and the choice is entirely up to you. Storage limitations principles will align closely with your data minimization and accuracy efforts.
Principle 6. Integrity and Confidentiality
Your company must also maintain appropriate security measures to prevent data from being compromised. While information security primarily relates to cybersecurity, it also covers physical and organizational security measures. Therefore, you should conduct a comprehensive audit of your integrity and confidentiality measures to include both the online and offline world.
Principle 7. Accountability
The accountability principle states that you’re responsible for GDPR compliance. Some of these accountability measures also require that you prove it. Overall, fair and reliable personal data usage results in better legal outcomes and demonstrates to consumers that you take their data privacy seriously.
GDPR Compliance Requirements
GDPR compliance requirements are challenging to attain since the laws surrounding data use in the EU is expansive. Instead of handling things with the best intentions, utilize a GDPR compliance checklist to ensure that you follow a replicable and scalable process.
GDPR Compliance Checklist
A GDPR compliance checklist can help you meet the terms and conditions outlined in the rules. It will also assist you in assessing your current compliance measures while achieving better results.
Take the following ten steps to ensure that you comply with the GDPR:
- Step 1. Take an inventory of consumer data you’re collecting.
- Step 2. Appoint someone in your company to oversee your efforts.
- Step 3. Create a data register from the outset to prove your compliance.
- Step 4. Evaluate and audit your data collection measures.
- Step 5. Ensure that you self-report data breaches to the authorities.
- Step 6. Transparently communicate your data collection and use motivations.
- Step 7. Utilize technology that verifies the age of the data controller.
- Step 8. Email marketing efforts should incorporate a double opt-in process.
- Step 9. Update your privacy policy, terms of use, terms of service, and acceptable use policies
- Step 10. Carve out time to audit third-party services and risks.
The most critical component of a compliant website is to assess your efforts for insecurities and handling them immediately methodically. If you don’t have the resources to address them quickly, consider hiring a vendor to handle the technical implementations.
Who Is Required to Be GDPR Compliant?
All members of the European Union are required to be GDPR compliant. Additionally, companies selling goods and services in the EU are subject to the rules and regulations, regardless of physical location. The GDPR impacts how businesses handle data worldwide since it affects how everyone conducts transactions in the EU.
GDPR Compliance & AWS
Amazon Web Services (AWS) is a shining example of GDPR compliance. Not only does AWS comply with the GDPR as a service, but it also helps external companies achieve compliance as well. For instance, its GDPR compliance center ensures that business owners have the technical tools they need to meet requirements.
Get Help Complying With GDPR
It’s relatively easy to make legal errors that result in financial consequences regarding regulatory compliance. If you need to get help complying with the GDPR, the most practical place to begin is by speaking with internet lawyers and privacy lawyers. They can help you draft a data processing agreement, offer advice on encryption measures, conduct assessments, or answer questions as they arise.
See Real GDPR Compliance Projects
New York GDPR Website Privacy and Contractual Clause Drafting
- New York
- 5 lawyer bids
- $850 - $1,750
Virginia Attorney Needed to Review Privacy and Cookie Policies for Car Aggregator Platfor Review
- Virginia
- 5 lawyer bids
- $249 - $1,400
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Meet some of our GDPR Compliance Lawyers
Ramanathan C.
Triple Qualified New York Attorney, Australian Lawyer & Enrolled NZ Barrister & Solicitor
"If you need an attorney who is well-versed in UK and European GDPR regulations and how they apply to US companies, I would highly recommend Rama. His deep knowledge of this very niche area was most helpful to me."
Jeremiah C.
Jeremiah C.
Creative, results driven business & technology executive with 27 years of experience (17+ as a business/corporate lawyer). A problem solver with a passion for business, technology, and law. I bring a thorough understanding of the intersection of the law and business needs to any endeavor, having founded multiple startups myself with successful exits. I provide professional business and legal consulting. Throughout my career I've represented a number large corporations (including some of the top Fortune 500 companies) but the vast majority of my clients these days are startups and small businesses. Having represented hundreds of successful crowdfunded startups, I'm one of the most well known attorneys for startups seeking CF funds. I hold a Juris Doctor degree with a focus on Business/Corporate Law, a Master of Business Administration degree in Entrepreneurship, A Master of Education degree and dual Bachelor of Science degrees. I look forward to working with any parties that have a need for my skill sets.
"Jeremiah was pleasant to speak to and provided high quality work. I appreciate that he took the time to call me personally instead of a paralegal. Work delivered early and high quality! Highly recommend"
Kenneth G.
Kenneth E. Gray, Jr. is a business and tax attorney who advises entrepreneurs, investors, and closely held companies on transactions, tax planning, disputes, and long-term wealth structuring. He focuses on helping clients make legally sound decisions that also make business sense. Ken’s practice includes business formation and restructuring, mergers and acquisitions, private investments and fundraising transactions, contract drafting and negotiation, and cross-border matters. He also maintains a significant tax practice, advising on federal and state structuring, specialty filings (including partnership, corporate, and non-resident matters), and representing clients in disputes before the U.S. Tax Court and other federal and state tribunals. In addition to his transactional work, Ken handles commercial and business litigation, including tax controversies, financial disputes, and partnership matters. His litigation experience informs how he structures deals and governance documents, with an eye toward preventing disputes before they arise. Ken also advises individuals and families on estate planning, trust formation, tax-efficient wealth transfer strategies, and probate administration, including planning involving closely held businesses and foreign assets. Before practicing law, Ken worked in banking and private equity, including managing a $5 billion emerging markets fund-of-funds portfolio at the U.S. Overseas Private Investment Corporation (OPIC) and serving in equity research at ABN AMRO. That financial background allows him to understand transactions from both the legal and capital perspective. He holds a J.D. from Georgetown University Law Center and an MBA from Yale University. He practices before the U.S. Tax Court, various state courts, and other federal courts.
"It is not easy to find a lawyer that knows Offshore Asset Protection Trusts, which own a foreign LLC, which owns a USA LLC. Fines could reach $100K if the tax forms are incorrect, or not filed. He was able to review my draft returns and provide memos with required changes (many, many changes), after 1 follow-up everything was basically done other than a few tiny edits. I really appreciated how he worked me in, right in the busiest time of tax season, to ensure there were no errors. Would definitely hire again."
Daniel R.
NY Admitted Lawyer 20+ years of experience. Focused on Startups , Entrepreneurs, Entertainers, Producers, Athletes and SMB Companies. I have been a part of numerous startups as Founder, CEO, General Counsel and Deal Executive. I have been through the full life cycle from boot strap to seed investors to large funds-public companies to successful exit. Let me use my experiences help you as you grow your business through these various stages. We saw a market for an on-line platform dedicated to Virtual General Counsel Services to Start Ups and Private Companies.
"Quick and he found a number of things we were missing. Thanks."
Heather B.
Heather B.
Delivering proactive and strategic guidance to health and fitness professionals and entities as they scale.
"Quick turnaround, had everything I needed and a bit more. Could've used a bit more communication in the beginning to know my circumstance to help draft things I may not be thinking of or missed but all in all it was a great contract for the price."
Gregory B.
I love contracts - and especially technology-related contracts written in PLAIN ENGLISH! I've worked extensively with intellectual property contracts, and specifically with IT contracts (SaaS, Master Subscriptions Agreements, Terms of Service, Privacy Policies, License Agreements, etc.), and I have built my own technology solutions that help to quickly and thoroughly draft, review and customize complex contracts.
"Greg was very helpful and responsive. He not only provided insightful comments on the contract but also explained the reasoning behind them. Highly recommended, especially for software contracts."
October 12, 2021
Grant P.
Founder and owner of Grant Phillips Law.. Practicing and licensed in NY, NJ & Fl with focus on small businesses across the country that are stuck in predatory commercial loans. The firm specializes in representing business owners with Merchant Cash Advances or Factoring Arrangments they can no longer afford. The firms clients include restaurants, truckers, contractors, for profit schools, doctors and corner supermarkets to name a few. GRANT PHILLIPS LAW, PLLC. is at the cutting edge of bringing affordable and expert legal representation on behalf of Merchants stuck with predatory loans or other financial instruments that drain the companies revenues. Grant Phillips Law will defend small businesses with Merchant Cash Advances they can no longer afford. Whether you have been sued, a UCC lien filed against your receivables or your bank account is levied or frozen, we have your back. See more at www.grantphillipslaw.com
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Browse Lawyers NowLawyer Reviews for GDPR Compliance Projects
GDPR Complaint Response
"If you need an attorney who is well-versed in UK and European GDPR regulations and how they apply to US companies, I would highly recommend Rama. His deep knowledge of this very niche area was most helpful to me."
ContractsCounsel User
Attorney Needed to Review Privacy and Cookie Policies for Car Aggregator Platfor
"Rhea developed our platform’s privacy and cookie policies and conducted a thorough review of our Terms of Service. Having spent decades as an entrepreneur working with partners at some of the most prominent law firms in the United States, I can confidently say that Rhea stands among the best. Her conscientious approach, meticulous attention to detail, and deep knowledge of intellectual property and privacy law are truly exceptional. She is, without question, an outstanding attorney to have in your corner."
ContractsCounsel User
Privacy
GDPR Compliance
Texas
Is my website required to comply with GDPR regulations?
I recently launched a small e-commerce website that sells products to customers in the European Union. While I am based in the United States, I have noticed that a significant portion of my customers are from EU countries. I have heard about the General Data Protection Regulation (GDPR) and its requirements for businesses handling personal data of EU citizens, but I'm not sure if my website needs to comply with these regulations. Can you clarify if my website falls under the scope of GDPR and what steps I need to take to ensure compliance?
Randy M.
Yes. If you sell to people in the European Union, the GDPR applies to you. It doesn’t matter where your business is based. Under Article 3, the law extends beyond Europe to cover any company that offers products or services to EU residents or tracks their behavior online. So if you accept orders from the EU, you're legally required to follow GDPR rules. The GDPR lays out key principles in Article 5. In simple terms: • You must have a lawful basis before collecting personal data (lawfulness). • Data must be collected and used fairly and transparently (fairness and transparency). • Only gather the minimum data necessary and for clear, legitimate purposes (purpose limitation and data minimisation). • Keep personal data accurate and update or correct it when needed (accuracy). • Don’t keep data longer than required for the stated purpose (storage limitation). • Protect data with appropriate technical and organizational safeguards (integrity and confidentiality). • Be able to show regulators that you comply with all of these rules (accountability). You also need to be able to prove you're doing all this if a regulator asks. When Are You Allowed to Use Customer Data? For things like shipping an order or taking payment, you’re covered by what's called the “contract” basis under Article 6(1)(b). You need info like names, addresses, and payment details to complete a sale. That’s allowed. For email marketing, things are stricter. Consent is usually required. That means a clear opt-in, like an unchecked box the customer has to actively click. Some EU countries allow limited “soft opt-in” for existing customers, but the rules vary by country. If you’re unsure, it’s safest to get clear consent before emailing EU customers with promotions. What Rights Do Customers Have Over Their Data? Articles 15–21 give EU customers a lot of control. They can: • Ask what data you have on them • Correct wrong info • Ask you to delete their data (in certain cases) • Tell you to stop using it • Opt out of marketing • Ask you to send their data to another company You need systems in place to respond to these requests quickly and efficiently. What About Cookies? The EU’s top court (in the Planet49 case) made it clear: you can’t assume consent for tracking cookies. That means: • No pre-checked boxes • No vague “we use cookies” banners • You must let users actively choose which types of cookies to allow • You need to record and prove that consent was given Your cookie banner should be easy to use and offer equal choices for accepting or rejecting cookies. How to Keep Customer Data Secure You’re expected to take technical and organizational steps to protect people’s personal data. That includes things like: • Using SSL/TLS encryption • Restricting access to databases • Having solid contracts with vendors who handle customer data If there’s a data breach, Article 33 says you must tell the relevant EU authority within 72 hours if the breach could put someone’s rights at risk. If it’s a serious risk to individuals, Article 34 says you also need to inform the affected customers. What If You Use Outside Vendors? If you work with third parties such as payment processors, email services, or cloud providers, you’re responsible for what they do with customer data. The GDPR requires you to sign Data Processing Agreements (DPAs) with them. These agreements must cover: • How they protect the data • Their legal obligations • How they’ll help you stay compliant You can’t skip this part. It’s not optional. Do You Need an EU Representative? If you regularly sell to EU customers, the answer is yes. Article 27 requires most non-EU businesses to appoint an official representative inside the EU. This rep acts as your point of contact for EU regulators and customers. You only get an exemption if: • You rarely process EU data • It’s low-risk • It doesn’t involve sensitive data But if you're actively targeting or shipping to EU customers, that exemption likely won’t apply. What Happens If You Don’t Comply? Regulators can fine you up to €20 million or 4% of your global annual revenue, whichever is higher. That said, small businesses aren’t usually hit with huge fines right away. Most EU regulators aim to help companies comply, especially if you’re clearly making an effort. But ignoring GDPR isn’t a good strategy. Being able to show you’ve taken real steps toward compliance is your best protection. Attorneys on Contracts Counsel are ready to help with GDPR compliance, including privacy policies, vendor contracts, and other legal obligations tailored to your business needs.
Business
GDPR Compliance
Florida
Is my website compliant with GDPR requirements?
I recently launched a website where users can create accounts and provide personal information such as email addresses, names, and payment details. I want to ensure that my website is fully compliant with GDPR regulations to protect the privacy and rights of my users. Can you review my website's privacy policy, data collection practices, and overall approach to data protection to confirm if it meets the necessary GDPR compliance standards?
Daehoon P.
I cannot provide a definitive determination of whether your website is fully compliant with GDPR requirements without a detailed review of your actual privacy policy, data collection practices, and technical as well as organizational data protection measures. However, I can offer some general guidance. Under GDPR, your privacy policy must clearly explain what personal data you collect (such as email addresses, names, and payment details), the specific purposes for processing that data, the legal basis for doing so, and how long the data will be retained. It should also detail users’ rights—including the rights to access, rectify, delete, or restrict processing of their data—and explain how they can exercise these rights. If your website uses cookies or other tracking technologies, you need to obtain explicit, informed consent from users before deploying them. In addition, your data collection and processing practices should incorporate robust security measures to protect sensitive user information. This includes implementing data minimization principles, ensuring that data is encrypted both in transit and at rest, and having clear procedures for detecting, reporting, and managing data breaches. Your website should also provide transparency about any third-party data sharing and ensure that appropriate data processing agreements are in place if external processors are involved. Given the complexity of GDPR compliance, it is advisable to consult with a legal or data protection professional who can perform a comprehensive review of your website and policies to confirm that all necessary standards are met. Please note that this information is provided for general guidance and should not be construed as legal advice.
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ContractsCounsel User
GDPR Website Privacy and Contractual Clause
Location: New York
Turnaround: Over a week
Service: Drafting
Doc Type: GDPR Compliance
Number of Bids: 5
Bid Range: $850 - $1,750
ContractsCounsel User