GDPR compliance: a checklist

The General Data Protection Regulation (GDPR) is a comprehensive data privacy law that came into effect across the European Union on May 25, 2018. It replaced the previous Data Protection Directive from 1995 and was designed to harmonize data protection laws across EU member states. The regulation applies to any organization that processes personal data of EU residents, regardless of where the organization is located.

GDPR grants individuals several fundamental rights over their personal data, including the right to access, rectify, erase, and port their information. Organizations must obtain explicit consent before collecting personal data and must be transparent about how they use it. The regulation also introduces the concept of "privacy by design," requiring companies to build data protection into their systems from the ground up.

Non-compliance with GDPR can result in severe financial penalties of up to €20 million or 4% of annual global turnover, whichever is higher. The regulation has significantly impacted how businesses handle personal data and has influenced similar privacy laws worldwide. Organizations must now demonstrate accountability through proper documentation, data protection impact assessments, and appointing Data Protection Officers where required.

GDPR compliance steps

Data Mapping and Legal Basis Assessment: Begin by conducting a comprehensive audit of all personal data your organization processes, identifying what data you collect, why you process it, where it's stored, who has access, and how long you retain it. Establish clear legal justifications for each processing activity under Article 6, documenting whether you rely on consent, legitimate interests, contractual necessity, or other lawful bases. This foundation enables you to demonstrate accountability and ensures all subsequent compliance measures are properly grounded in GDPR requirements.

Technical and Organizational Security Implementation: Deploy appropriate security measures proportionate to the risk level of your data processing activities, including encryption, access controls, staff training, and incident response procedures. Article 32 requires a risk-based approach to security, meaning high-risk processing demands stronger safeguards. Establish clear data breach notification procedures to meet the 72-hour reporting requirement to supervisory authorities and ensure you can promptly inform affected individuals when their rights and freedoms are at risk.

Data Subject Rights Infrastructure: Develop robust processes and systems to handle individual requests for access, rectification, erasure, portability, and objection to processing. These rights are fundamental to GDPR compliance and require prompt responses within one month of receipt. Create clear privacy notices that transparently explain your processing activities, legal bases, retention periods, and individuals' rights in language that is easily understandable to your data subjects.

Ongoing Compliance Monitoring: Implement regular compliance reviews, staff training programs, and documentation updates to ensure your GDPR measures remain effective as your business evolves. Establish contracts with data processors that include appropriate safeguards and conduct due diligence on third-party vendors. Consider conducting Data Protection Impact Assessments for high-risk processing activities and maintain detailed records of all processing activities as required under Article 30.

Sample GDPR Compliance Checklist:

Common challenges

One of the most significant challenges organizations face under GDPR is establishing and maintaining a lawful basis for data processing activities. Many companies struggle to determine which of the six lawful bases applies to their specific data processing activities, particularly when distinguishing between legitimate interests and consent requirements. The complexity increases when organizations need to document their justifications and communicate transparently with data subjects about why and how their data is being processed.

Data subject rights management presents another major compliance hurdle, as organizations must implement systems to handle requests for access, rectification, erasure, and portability within strict timeframes. Companies often lack the technical infrastructure and processes necessary to locate all personal data across their systems, verify the identity of requesters, and respond comprehensively within the required deadlines. The challenge is compounded when dealing with complex data architectures, legacy systems, or situations involving third-party processors who also hold relevant personal data.

International data transfers continue to pose significant compliance challenges, particularly following the invalidation of Privacy Shield and ongoing uncertainty around adequacy decisions. Organizations must navigate complex legal frameworks involving Standard Contractual Clauses, binding corporate rules, or other appropriate safeguards while ensuring they can demonstrate adequate protection for personal data transferred outside the EU. The challenge is intensified by the need to conduct transfer impact assessments and potentially implement additional technical and organizational measures to ensure data protection standards are maintained throughout the transfer chain.

Simplifying GDPR compliance with an Enterprise Browser

GDPR is the leading citizen privacy framework in the world and was created to ensure public trust. Navigating GDPR compliance enables companies to expand their business footprint geographically, but navigating its complex requirements can be daunting. With the Island Enterprise Browser, businesses can simplify compliance while maintaining security and productivity — directly through the browser. By creating secure application boundaries and embedding robust controls, Island ensures information stays within authorized systems, reducing audit scope and risk.

Frequently asked questions (FAQ)

Q: What are the maximum penalties for GDPR non-compliance?

A: Organizations can face fines of up to €20 million or 4% of their annual global turnover, whichever is higher. These severe financial penalties are designed to ensure organizations take data protection seriously and implement proper compliance measures.

Q: How quickly must organizations respond to data breach incidents under GDPR?

A: Organizations must report data breaches to supervisory authorities within 72 hours of becoming aware of the incident. If the breach poses a high risk to individuals' rights and freedoms, affected individuals must also be notified promptly.

Q: What is the timeframe for responding to data subject requests?

A: Organizations must respond to individual requests for access, rectification, erasure, portability, and objection to processing within one month of receipt. This timeline emphasizes the importance of having robust systems and processes in place to handle these requests efficiently.

Q: Does GDPR apply to organizations outside the European Union?

A: Yes, GDPR applies to any organization that processes personal data of EU residents, regardless of where the organization is physically located. This extraterritorial scope means companies worldwide must comply with GDPR if they handle EU residents' personal data.

Q: What are the six lawful bases for processing personal data under GDPR?

A: While not explicitly listed in the document, GDPR provides six lawful bases including consent, legitimate interests, contractual necessity, and others mentioned in Article 6. Organizations must establish clear legal justifications for each processing activity and document whether they rely on consent, legitimate interests, contractual necessity, or other lawful bases.