The General Data Protection Regulation (GDPR) is a critical data privacy law that affects any business in the world handling personal data of European Union (EU) residents. Although, it has been around for nearly 7 years, many businesses still struggle with GDPR compliance due to misunderstandings and oversight. Do any of the following mistakes feel familiar?

1. Not Appointing a GDPR Representative (GDPR Rep)

Businesses outside the EU/UK that offer goods and services (or monitor) to EU/UK residents too often overlook the Art. 27 GDPR requirement to appoint a representative within the EU/UK. The representative serves as the point of contact for customers and authorities in the EU/UK regarding privacy.

Solution: To stay compliant, businesses must determine whether they need a GDPR Rep in either of the jurisdictions and designate a representative who can facilitate communication with EU regulators and data subjects.

2. Failing to do Vendor Due Diligence (VDD)

We entrust personal data to external vendors without verifying whether those vendors adhere to GDPR standards. If a third-party processor mishandles personal data, the responsibility ultimately falls on the company that collected it (GDPR Art.28). Have you done due diligence on your cloud provider, your CRM or background checker? We thought so…

Solution: You should establish strict VDD processes, ensuring that all your third-party partners comply with GDPR. This includes reviewing contracts, conducting security audits, and maintaining agreements that clearly outline data protection obligations.

3. Overlooking Data Protection Impact Assessments (DPIAs)

The ICO recommends that if you are in doubt whether you need a DPIA, it is prudent to conduct one to ensure ‘best practice’. You certainly need one if you engage in high-risk data processing (Art.35 GDPR); however, it is often necessary to conduct a DPIA while implementing any new tool that uses personal data. DPIA generates a space for you to think about the new business process and how it impacts your privacy compliance.

In the case of DPIAs ‘more’ is ‘more’.

4. Neglecting Article 30 Record-Keeping Requirements

Almost every business must maintain records of their data processing activities under Article 30, more about it here. These records should document what personal data is being collected, the purpose of processing, data retention periods, and security measures in place. It is easy to do whether you are a controller or processor and allows you to get invaluable insights into your business.

Solution: analyse, document, and review all your business processes to identify personal data processing.

5. Not Having Data Retention and Deletion Processes

Do you have data retention and deletion processes? If not it may lead to indefinite storage of personal data without justification. This contradicts GDPR’s principle of data minimization and necessity.

Solution: to ensure compliance, aside from having clear policies on how long data should be retained, you need to enforce deletion mechanisms… and that may be challenging. However, regular audits and appointment of the data and process owners will 

Conclusion

GDPR compliance is an ongoing process, requiring businesses to proactively address regulatory obligations. Avoiding these common mistakes can strengthen data security, build customer trust, and ensure adherence to legal requirements. Companies should continuously monitor their compliance strategies and stay informed about evolving regulations.

Leo’s solutions are here to help you achieve compliance!