How to ensure your business and website are GDPR compliant: best practices

Key takeaways

• GDPR compliance requires businesses handling EU personal data to implement clear governance, consent management, security controls, and user rights processes.
• Transparent cookie management includes obtaining explicit consent for non-essential cookies and allowing users to easily modify or withdraw their preferences.
• Data protection by design and by default requires limiting data collection, implementing appropriate safeguards, and documenting compliance measures from the outset.
• GDPR requires businesses to provide accessible processes for data access, correction, deletion, and other user rights requests within mandated timeframes.
• Strong security measures, including encryption, access controls, monitoring, and employee training, are essential for protecting personal data and reducing breach risks.
• Regular GDPR audits help identify compliance gaps, address emerging risks, and ensure data protection practices remain aligned with evolving regulations and technologies.

Understanding GDPR requirements

GDPR imposes strict data management obligations on businesses, covering aspects such as user consent, data protection by design and default, and respect for individuals’ rights. Failing to comply can result in hefty fines, up to 20 million euros or 4% of annual global revenue. As a result, one of the tools to ensure this compliance is conducting a GDPR audit, a key tool to identify non-compliance risks and avoid costly penalties. GDPR applies to all businesses, regardless of size, that handle the personal data of EU residents. This includes companies directly within the EU as well as those outside it that offer goods or services to EU individuals or monitor their online behavior. Among those affected are online storefronts, data-driven tech companies, SaaS providers, and any other entities collecting or processing personal data for commercial purposes. Non-EU companies are also bound by GDPR when they deal with EU data subjects, making GDPR one of the most globally influential privacy regulations.

Adopt transparent and effective cookie management

One of the first and most obvious aspects of a GDPR audit is cookie management and consent mechanisms. Many websites install non-essential cookies without obtaining prior explicit consent from users, which violates GDPR provisions. It is crucial to ensure clear and transparent cookie management, allowing users to choose which cookies they wish to authorise. A common issue in GDPR audits is improper cookie and consent management. Many businesses do not obtain explicit consent before placing non-essential cookies (e.g., for advertising or analytics), which breaches GDPR requirements. To ensure compliance:

• Clarify the distinction between essential and non-essential cookies in your consent banner.
• Obtain explicit consent before placing non-essential cookies.
• Ensure users can easily withdraw or modify their consent.

This transparent approach not only helps avoid fines but also builds user trust in your site. For instance, e-commerce websites or storefronts that rely on tracking for marketing insights must ensure no non-essential cookies are placed before obtaining explicit user consent. Implementing a clear consent banner that allows users to accept only essential cookies helps these businesses stay compliant and avoids any attempts to circumvent cookie rules.

Data protection by design and default

Another essential best practice is applying the principle of "data protection by design and by default." This means that data protection should be considered from the outset of every project or initiative. It ensures that personal data collection is limited to what is strictly necessary and that technical and organisational measures are in place to safeguard it throughout its lifecycle. In an audit, verification occurs at the level of:

• Data collection, which must be minimised and limited to what is necessary for the activity.
• Automated data deletion systems to ensure that unnecessary or outdated data is removed to avoid prolonged retention risks.

A key best practice for GDPR compliance is thorough documentation of your processes and measures. Documentation demonstrates how you are fulfilling GDPR requirements and provides clear evidence in case of an audit. By maintaining detailed records of data processing activities, consent mechanisms, and security protocols, you can effectively show compliance efforts and make it easier to identify areas for improvement. This proactive approach ensures that data protection is embedded into all processes and systems across your business, not just addressed as an afterthought. By treating data protection as an integral part of each project, you minimise data risks and maintain a higher level of compliance from the start.

Facilitating the exercise of users' rights

GDPR grants individuals several rights, such as the right to access, correct, delete, or limit the processing of their data. Ensuring that these rights can be exercised easily is one of the essential best practices for compliance. To facilitate this:

• Implement a simple and accessible process for users to request access, correction, or deletion of their data.
• Comply with legal deadlines: under GDPR, requests must be processed within one month. Failure to do so could lead to penalties.

If a request is complex or if the business cannot meet the initial deadline, GDPR allows for an extension. In such cases, the company must inform the user of the delay within the first month, explaining the reason, and the response time can be extended by an additional two months. Ensuring these rights are accessible not only reinforces compliance but also improves user satisfaction. Users who feel their rights are respected and their data is in safe hands are more likely to engage positively with your business.

Securing data: a priority

Data security is one of the cornerstones of GDPR. In addition to implementing efficient data management processes, ensuring the security of data through robust technical and organisational measures is crucial. A GDPR audit assesses the strength of these measures, whether it's encryption, access control, or system monitoring. Among the recommended best practices, it is essential to establish appropriate security protocols and regularly train employees. This ensures that all stakeholders in your company are well aware of the risks and responsibilities associated with handling personal data. This training should be updated regularly to reflect legislative changes and new cybersecurity threats. To achieve this, it is recommended to:

• Implement robust technical measures, such as data encryption and strict access control.
• Regularly train employees so they stay informed of best practices in data protection.

Security is critical to preventing data breaches, which can have severe financial and legal consequences. However, compliance is not a permanent state; it must constantly be updated as technology and laws evolve. Regular audits help maintain vigilance and implement necessary adjustments.

Conduct regular GDPR audits for ongoing compliance

Maintaining GDPR compliance is an ongoing process, not a one-time effort. Regular GDPR audits allow you to continually assess and refine your data protection practices to keep pace with regulatory updates and technological changes. Whether conducted internally or with the help of a specialised provider, regular audits are a practical way to verify the compliance of your processes, prioritise corrective actions, and ensure that your company stays aligned with current regulations. Periodic audits also provide an opportunity to address new risks or vulnerabilities that may arise as your business grows or your technology stack evolves. A thorough review of your data protection practices can reveal areas that may require additional safeguards or adjustments to ensure ongoing compliance. By implementing these best practices and maintaining a proactive approach to GDPR compliance, businesses of all types—from e-commerce websites to large data-driven companies—can strengthen data protection, improve user trust, and minimise the risk of costly penalties. GDPR compliance is an investment that not only helps avoid regulatory issues but also enhances the reputation and reliability of your business in the eyes of consumers.

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