The General Data Protection Regulation (GDPR) is a data privacy law introduced in 2016 that established how companies must protect the rights of EU users, responsibly manage their data, and securely store (and backup) data without breaking ethical or legal rules.
The GDPR came into effect in 2018, marking a sea change in how we view privacy and the rights of users or customers (also known as data subjects).
At its core, the GDPR states that the data subject (the user, customer, or employee) holds the ultimate rights to personal information and organizations cannot use this data without explicit consent.
With most businesses relying heavily on user data processing, it’s important to know how to configure your policies and practices for GDPR compliance. Robust infrastructure can not only help you demonstrate compliance and avoid GDPR fines, but also earn user trust.
What are the General Data Protection Regulations Companies Must Know?
To understand what’s necessary for GDPR compliance, let’s first look at the data protection regulations contained in the latest version of the law. Currently, it has 11 chapters with 99 separate articles covering several key issues—from consent to the right to be forgotten.
We read through and summarized these 11 chapters to create this ready reckoner on the data protection regulations most relevant for your business.
Chapters 2, 3, 4, and 8, in particular, are important to master if you want to maintain a compliant business with zero interruptions arising from non-compliance or data breaches.
GDPR Chapter 1: General Provisions
It clarifies that GDPR applies to the processing of personal data wholly or partly by automated means and to non-automated processing that forms part of a filing system.
Notably, it extends its reach beyond the EU, affecting organizations outside the EU that offer goods or services to, or monitor the behavior of, EU data subjects. Therefore, as long as you cater to (or plan to cater to) an EU audience—which includes a website that’s visited by EU citizens—you are subject to GDPR.
GDPR Chapter 2: Principles
At the heart of GDPR are core principles guiding personal data processing by organizations:
- Lawfulness, fairness, and transparency: Data must be processed legally, fairly, and transparently, with complete documentation that you can present to demonstrate GDPR compliance.
- Purpose limitation: Data should be collected for specified, legitimate purposes and not further processed in a manner incompatible with those purposes. Simply put, if you’ve collected data for one reason, it cannot be reused for something else.
- Data minimization: Only data necessary for the intended purposes should be collected. For example, you don’t need to collect phone numbers to send newsletters to your website visitors.
- Accuracy: Data must be accurate and kept up-to-date, so your data storage and backup system must be able to dynamically refresh at least once a day—or even better, up to 24X a day.
- Storage limitation: Data should be retained only as long as necessary for the purposes, necessitating data retention policies to limit storage for a specific period.
- Integrity and confidentiality: Data must be processed securely to prevent unauthorized access or loss. Article 32 of GDPR also mandates encryption to protect personal data.
Backup Space ensures Swiss-grade security through end-to-end encryption of data both at rest and in transit, fulfilling GDPR requirements and protecting against unauthorized access and cyber threats.
GDPR Chapter 3: Rights of the Data Subject
This chapter outlines user rights concerning personal data.
- Right to transparent information: Individuals have the right to clear and accessible information about data processing activities.
- Right of access: Individuals can access your personal data and understand how it's processed.
- Right to rectification: Individuals can ask for the correction of inaccurate or incomplete data.
- Right to erasure ("Right to be Forgotten"): Individuals can request the deletion of data under certain conditions.
- Right to restriction of processing: Individuals can limit how the data is processed in specific situations.
- Right to data portability: Individuals should be able to receive the data in a structured format and transfer it to another controller (e.g., from your platform to another).
- Right to object: Individuals can object to data processing based on legitimate interests or direct marketing.
- Rights related to automated decision-making and profiling: Individuals must be protected from decisions made solely by automated means (e.g., automated candidate rejection) without human intervention.
This chapter means that organizations must have the infrastructure to retrieve data as and when requested by users, in order to update, delete, or transfer it. A robust search functionality in backups and data archives, for example, can help you achieve this.
GDPR Chapter 4: Controller and Processor
Organizations need to put accountability and data governance measures in place so that GDPR rules are upheld. In this context, the controller determines why and how the data should be collected and used, while the processor executes the methods of data collection, storage, and usage.
- Controller responsibilities: Implement measures to demonstrate compliance in data-related decisions, considering data protection by design and by default.
- Processor obligations: Process data only on documented instructions from the controller and ensure data security.
- Joint controllers: When multiple controllers are involved, they must transparently define their responsibilities.
- Data protection officers (DPOs): According to GDPR regulations, public bodies and companies whose core activities involve sensitive data processing (e.g., insurance providers) must appoint a DPO.
Note that some countries mandate the appointment of a DPO under certain circumstances—for instance, in Germany, any business that employs at least 20 people dealing with the processing of personal data by automated means must have a DPO.
If you’re based out of an EU member state, then checking local legislation is essential for GDPR compliance, in addition to having the right data processing systems in place.
GDPR Chapter 5: Transfers of Personal Data to Third Countries or International Organizations
This chapter sets conditions for transferring personal data outside the EU—for example, if information can be stored in certain servers or moved across data centers.
- Adequacy decisions: Transfers can occur to countries deemed by the EU to provide adequate data protection.
- Appropriate safeguards: In the absence of an adequacy decision, transfers can proceed with safeguards like binding corporate rules or standard contractual clauses.
- Specific situations: Outlines derogations for specific scenarios, such as explicit consent or contractual necessity.
GDPR Chapter 6: Independent Supervisory Authorities
To enforce GDPR, each EU member state will establish an independent supervisory authority. These authorities operate free from external influence. Their job Includes monitoring compliance, handling complaints, and promoting public awareness.
The powers of supervisory authorities range from investigative authority to corrective measures like GDPR fines, depending on the country.
GDPR Chapter 7: Cooperation and Consistency
In order to achieve uniform application across the EU, this chapter introduces mechanisms for cooperation and consistency. Supervisory authorities should assist each other and conduct joint operations. The European Data Protection Board (EDPB) is in charge of issuing guidelines and ensuring consistent enforcement.
GDPR Chapter 8: Remedies, Liability, and Penalties
In case the rights of a data subject are not upheld, you can take several actions:
- Right to lodge a complaint: Users can approach the designated data protection authority (DPA) in each EU member state if their rights are infringed. For example, the activist group noyb recently filed complaints against TikTok and Xiaomi in Greece, SHEIN in Italy, AliExpress in Belgium, WeChat in the Netherlands, and Temu in Austria for moving user data to China.
- Judicial remedies: Allows for legal action against controllers, processors, or supervisory authorities.
- Liability and compensation: Controllers and processors may be liable for damages resulting from non-compliance, leading to fines of up to €20 million or 4% of global revenue for each violation.
- Administrative fines: Establishes a tiered approach to fines, considering factors like the nature and severity of the infringement.
GDPR Chapter 9: Provisions Relating to Specific Processing Situations
Certain data processing activities may require special considerations for journalistic, academic, artistic, or literary purposes. Member states may introduce exemptions to balance privacy rights with freedom of expression and information.
EU countries can also establish specific rules regarding employee data processing, as well as for scientific or historical research, statistics, and archiving. These provisions ensure flexibility in applying GDPR while maintaining fundamental privacy principles.
GDPR Chapter 10: Delegated Acts and Implementing Acts
To adapt GDPR to emerging data protection challenges, this chapter grants the European Commission powers to allow minor adjustments to GDPR provisions without requiring a full legislative process. The Commission can establish standardized contractual clauses, certification mechanisms, and codes of conduct.
GDPR Chapter 11: Final Provisions
The final chapter contains legal and procedural details, including the repeal of previous legislation (GDPR replaces the 1995 Data Protection Directive), relationship with other laws, and when GDPR would be officially enacted as a law.
How to Comply with GDPR? A 6-Point Strategy for Organizations
These chapters and articles may seem like a lot to process, but it’s the comprehensive nature of GDPR compliance that makes it so effective. Organizations should know exactly what measures to take (e.g., regularly testing backup restoration so you can swiftly access data if the need arises), and users can remain well-informed about their privacy rights.
If you're wondering how to comply with GDPR, here are the key tenets to remember:
1. Upholding the rights of a data subject
Under GDPR, users have full authority over their personal data—they should be able to access, correct, delete, or transfer it whenever needed.
To support this, businesses must create clear and efficient ways for users to make these requests and ensure they’re handled within regulatory timelines. Users can also object to certain data uses, such as marketing and profiling, so you must provide easy-to-use opt-out options.
Ensuring GDPR compliance means businesses must maintain structured processes, accurate records, and legally sound decision-making frameworks when managing data portability or “right to be forgotten” requests.
Documentation and a reliable data processing vendor can be a life-saver here.
2. Reengineering data security for GDPR compliance
Protecting personal data requires a multi-layered security approach. First, encryption, strict access controls, and proactive risk management are essential. Second, businesses should collect and store only the data they truly need, limiting unnecessary exposure.
GDPR mandates security by default and design. This means you need to protect data both when stored and when transmitted, through techniques such as data minimization, pseudonymization, and encryption.
Another measure businesses can take is automated threat detection, which helps stop risks before they become breaches—such as anti-ransomware mechanisms in Backup Space. Finally, to stay compliant, companies must conduct regular security audits and Data Protection Impact Assessments (DPIAs) to continually strengthen their safeguards.
Rapid data recovery is essential under GDPR Article 32, which requires prompt restoration capabilities. Backup Space leverages cutting-edge Rust technology for high-performance computing, which allows organizations to quickly restore data after incidents. This reduces business disruption and potential fines from regulatory non-compliance.
Moreover, Backup Space’s automated security checks and proactive monitoring ensure you’re always ready and compliant through regular testing of backups, meeting GDPR mandates.
3. Adhering to data breach disclosure laws
Businesses must have a well-defined response plan to detect, contain, and manage breaches quickly. If a data breach poses risks to users’ privacy rights, authorities (i.e., the DPA) must be informed within 72 hours, and users must be notified directly if there’s a high risk to their personal information.
Therefore, you need automated detection systems, strict access controls, and thorough incident documentation to remain compliant with GDPR’s data breach disclosure laws.
Advanced security analytics help you identify and respond to threats before they escalate, ensuring that data stays protected.
4. Informing users about their right to be forgotten
GDPR gives users the right to request the deletion of personal data. Businesses must process these requests efficiently while ensuring compliance with legal and operational obligations. Also, companies must verify if they are legally required to retain data before deleting it.
Once approved, all copies—including backups and third-party records—must be securely erased, so it helps if your backup system is intuitive and easy to use.
Remember, organizations must clearly communicate the right to be forgotten in their privacy policies and automate workflows to handle deletion requests quickly and transparently. So, a structured data lifecycle management policy will help ensure proper deletion while keeping records for GDPR compliance in the future.
5. Aligning backups with right-to-erasure and data minimization
GDPR's "Right to be Forgotten" poses challenges for backup and archival processes. Companies must ensure that erased data is removed consistently across all storage mediums, including backups.
Backup Space simplifies compliance through its intuitive, searchable backup archives. Administrators can quickly locate and remove specific data points. Backup Space’s powerful eDiscovery and intuitive interface enable rapid identification and erasure of data.
Furthermore, Backup Space helps maintain data minimization practices by allowing precise control over what data is retained and for how long, thereby reducing unnecessary data storage and potential compliance risks.
Its built-in Swiss-grade data security ensures erased data cannot be recovered, fulfilling GDPR's strict data removal criteria.
6. Collecting general data protection regulation (GDPR) consent at every step
Every time a company collects data, users have the right to know exactly why and how it will be used. GDPR requires you get explicit, informed, and unambiguous consent before processing data in any way.
Users should be able to easily understand the purpose of data collection and have the option to withdraw consent as easily as they give it.
Companies must maintain secure records of your consent and stop processing data immediately upon revocation. Privacy-enhancing technologies (PETs), such as anonymization, help protect data while enabling responsible use—striking a balance between user privacy and business profitability.
Organizations handling large-scale user data can implement automated consent management systems to track and honor user preferences in real time.
7. Assigning accountability through grievance redressal processes
GDPR makes accountability a key requirement. As we explained, if a company processes large amounts of personal data, it must appoint a Data Protection Officer (DPO) to oversee compliance.
You need to establish clear grievance redressal processes so users can easily raise concerns about their data. Well-structured internal governance models will ensure proper handling of complaints, while regular employee training minimizes compliance risks.
Partner with vendors who are well-versed in GDPR compliance to set up reliable processes. By keeping detailed records of data processing and maintaining open communication with regulatory authorities, you can demonstrate compliance, protect user rights, and earn your customers’ lasting trust.
How Much Are GDPR Fines? Penalties for Businesses that Violate GDPR
Companies that fail to comply with GDPR either knowingly or unknowingly can be subject to GDPR fines to the tune of thousands, millions, or even billions of dollars.
Research shows that social media platforms like Facebook and WhatsApp are the biggest offenders, racking up over €2 billion in GDPR fines across six major penalties in Ireland alone.
TikTok received a €345 million GDPR fine for mishandling children’s data, while Google was fined €150 million for making it too difficult for users to refuse cookies.
Different EU member states can take different approaches to GDPR enforcement, which have an effect on GDPR fines. For example, Spain is among the most active in the region, issuing nearly €81 million in fines across 857 sanctions in six years.
Italy is another active enforcer, issuing 350 penalties since 2018, while Germany has issued 183 penalties in the same period.
While the UK is no longer part of the EU, UK businesses with EU customers can receive GDPR fines if they violate the law. This has resulted in millions of dollars in GDPR fines, as shown below:
Other notable cases of GDPR fines include Amazon’s €746 million penalty for ad targeting based on customer data collected without consent and Uber’s €290 million fine for transferring driver data from the Netherlands to the US without appropriate safeguards.
In December 2024, Open AI was fined €15.1 million by Italian authorities for using personal data to train ChatGPT without consent, which is currently under appeal.
So, as a data subject, your rights must be legally enforced according to GDPR, and if they are breached, it can result in heavy penalties. By respecting GDPR laws and building compliant systems, companies can earn user trust and reduce financial losses from GDPR fines.
GDPR vs. CCPA—Is the GDPR Applicable to US Businesses?
Given the scale and scope of GDPR, you might be wondering if these general data protection regulations also apply in the US. If a US business has customers in the EU, then it must be GDPR compliant.
For companies based out of and solely operating in the US, another data privacy regulation comes into play—the California Consumer Privacy Act or CCPA. While it's applicable only in the state of California, most US businesses are likely to have customers in the state and, therefore, must comply.
So, GDPR vs. CCPA, what are the differences? Here is a quick rundown:
The main difference between GDPR vs. CCPA is that CCPA lays down separate rules for the collection of data from minors, and violation penalties are less than GDPR fines. Data breach disclosure laws are also slightly different, as are data sale regulations and opt-in/opt-out requirements.
Companies with the infrastructure to help you achieve GDPR compliance (like Backup Space) will find it relatively easy to comply with CCPA, setting you up to cater to a global audience.
GDPR Compliance Checklist
Thanks to globalization, nearly every company in the world today falls under the jurisdiction of GDPR. As your business grows, you might cater to EU customers, an EU resident might download your app, or someone from the EU might visit your website.
That is why it’s crucial for organizations to prioritize GDPR compliance when setting up data processes, even if they are small or mid-sized businesses. As explained in this guide, some of the key action points for GDPR compliance include:
- Maintain documentation that you can present to demonstrate GDPR compliance.
- Collect as little data as possible and use the data collected for the sole intended purpose.
- Dynamically refresh at least once a day—or even better, up to 24X a day—to keep data up-to-date.
- Use data retention policies to limit storage for a specific period.
- Ensure that data is encrypted at rest and in motion.
- Educate users about their rights as data subjects through T&C statements.
- Use a data platform with easy search and retrieval to honor “right to be forgotten” requests.
- Audit fully automated decisions and keep a human in the loop
- Appoint a data protection officer if applicable.
- Be mindful of the location of data storage servers and if databases are being moved.
- Disclose the news of data breaches within 72 hours.
- Adopt anti-ransomware measures to prevent data from falling into the wrong hands.
By following this checklist, you can comply with GDPR and build a business environment that’s resilient and free from interruptions to business continuity.
In Conclusion: Choosing the Right Data Backup Solution for GDPR Compliance
GDPR explicitly requires businesses to implement robust technical measures to ensure data security and rapid data restoration capabilities. Specifically, Article 32 mandates the ability to:
"Restore the availability and access to personal data in a timely manner in the event of a physical or technical incident."
Backup Space addresses this by offering high-speed, AI-powered restoration processes that enable swift data recovery. The platform is purpose-built to address GDPR compliance comprehensively. Its robust features include:
- Up to 24X per day data backup to ensure data accuracy, integrity, and relevance
- High-speed data restoration to ensure timely data availability post-incident
- Swiss-grade encryption and secure data management to protect data integrity
- Automated testing to continuously validate backup effectiveness and restoration capabilities
- Advanced eDiscovery tools to comply with GDPR’s "Right to be Forgotten" and data minimization requirements
By choosing Backup Space, your organization can confidently navigate GDPR complexities, reduce compliance risks, and build lasting trust with your customers.
