GDPR · Regulation 2016/679

GDPR, in operation. Not in a privacy notice.

Records of processing, lawful bases, data subject rights, DPIAs where required, processor agreements, transfer mechanisms. Plus the Article 32 controls that overlap heavily with SOC 2 and ISO 27001.

What it is·European Data Protection Board (EDPB) and member-state supervisory authorities

European Union regulation governing the processing of personal data of EU and EEA residents.

GDPR is European Union law governing the processing of personal data of EU and EEA residents, regardless of where the processor is based. Key obligations: lawful basis for each processing activity (Article 6), records of processing (Article 30), data subject rights (Articles 12 to 23), security of processing (Article 32), data protection impact assessments where high risk (Article 35), processor agreements (Article 28), and lawful international transfer mechanisms (Chapter V).

§01

Who needs it

Any company that processes personal data of EU or EEA residents, even from outside the EU. SaaS with a single EU customer, a marketing list including EU contacts, or analytics that observe EU users all fall in scope. The territorial reach of Article 3 is broad. United Kingdom GDPR is a parallel regime post-Brexit with substantially identical requirements.

§02

The HSD playbook for GDPR

HSD writes the Article 30 records of processing for both the controller and processor roles, the data protection impact assessments where the processing is high risk, the data subject request runbook, the data processing agreement template, the standard contractual clauses for international transfers, and the breach notification process. We implement Article 32 technical and organizational measures, which overlap heavily with SOC 2 Security and ISO 27001 Annex A.

§03

Timeline

Weeks 1 to 3

Data mapping and Article 30 records

Inventory of processing activities, lawful bases, retention, transfers; controller and processor records

Weeks 2 to 4

DPA template and processor agreements

Customer-facing DPA, processor agreements with subprocessors, SCCs for non-adequate countries

Weeks 3 to 7

Article 32 controls

Pseudonymization where applicable, encryption, integrity, confidentiality, availability, regular testing

Weeks 5 to 7

Data subject rights process

Request intake, identity verification, response within one month, refusal grounds documented

Ongoing

DPIAs where required

Article 35 DPIA for high-risk processing, especially profiling, large-scale special categories, systematic monitoring

Week 8

Breach notification readiness

Seventy-two hour notification clock to supervisory authority; notification to data subjects without undue delay where high risk

§04

Cost reality

Line itemRangeNote
Software platforms with GDPR supportUSD 6,000 to 20,000 per yearMost compliance platforms cover GDPR; depth varies
DPO services (where required)USD 25,000 to 80,000 per yearArticle 37 DPO required for some processing types; outsourced DPOs are common
Privacy counsel for high-risk processingVariableDPIAs for novel processing typically require privacy counsel review
HSD bundled programScoped per programArticle 30, Article 32, DPA, DSR runbook in one engagement
§05

What auditors check

Article 30 records of processing

Maintained, current, addressing all controller and processor activities; supervisory authorities request these first in any inquiry.

Lawful basis for each processing activity

Identified before processing begins. Consent has stricter requirements than the other five bases; document the choice.

Data Processing Agreements with all processors

Article 28 contracts signed with every processor and subprocessor; current versions retained; sub-processor list maintained.

Data subject rights process

Documented intake, response within one month (extendable to three months for complex requests), refusal grounds when applicable.

International transfer mechanism

Adequacy decision, SCCs, BCRs, or Article 49 derogation for every transfer to a third country; transfer impact assessments where required.

Breach notification capability

Process to notify supervisory authority within seventy-two hours of awareness; capability to notify data subjects when high risk to rights and freedoms.

§06

Common pitfalls

Treating GDPR as a privacy notice exercise

GDPR is operational. The privacy notice is a small artifact. Article 30 records, Article 32 controls, and the data subject rights runbook are where supervisory authorities focus.

Missing or incomplete records of processing

Article 30 records are the most-requested artifact in inquiries and complaints. Missing or stale records is a high-visibility gap.

Processor without DPA

Using a processor without a current Article 28 DPA is a controller-side breach. Inventory every processor, retain a current DPA for each.

Inadequate transfer mechanism

Post-Schrems II, transfers to the United States and other non-adequate countries require Standard Contractual Clauses plus a transfer impact assessment. Old DPAs without the 2021 SCCs are a finding.

Late breach notification

Seventy-two hours starts at awareness. Discovery on Friday with a Monday notification ships outside the window.

§07

FAQ

Does GDPR apply to companies outside the EU?+
Yes, when the company offers goods or services to EU residents or monitors their behavior, regardless of where the company is based (Article 3). United Kingdom GDPR is a parallel regime with substantially identical requirements.
Do I need a Data Protection Officer?+
Article 37 mandates a DPO for public authorities, large-scale systematic monitoring, or large-scale processing of special categories. Most SaaS do not need one but voluntary appointment is common.
What is a DPIA and when is it required?+
Data Protection Impact Assessment, required under Article 35 for high-risk processing including systematic profiling, large-scale special categories, and systematic monitoring of public spaces. Each supervisory authority publishes a list of mandatory and exempt processing types.
What is a Standard Contractual Clause?+
EU Commission-approved contract clauses for transferring personal data to non-adequate countries. The 2021 SCCs replaced the 2010 versions; old contracts must be updated.
Are GDPR penalties really up to four percent of revenue?+
Yes. Tier one penalties cap at twenty million euros or two percent of global annual turnover; tier two at forty million or four percent; whichever is higher.
Does ISO 27001 satisfy GDPR?+
ISO 27001 demonstrates Article 32 security of processing but does not satisfy GDPR alone. Article 30 records, lawful bases, data subject rights, and transfer mechanisms are GDPR-specific.

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