GDPR Compliance
In today’s globalized world, the protection of personal data on online platforms, apps, and games is a growing concern — not only for regulatory authorities, but also for users themselves. Mishandling personal data can lead to severe consequences, including hefty fines, operational bans, or being blocked from operating in jurisdictions where data protection laws are violated.
When the General Data Protection Regulation (GDPR) came into effect on May 25, 2018, it significantly raised the bar for how personal data must be handled across the European Union. GDPR replaced outdated rules, reinforced existing practices, and introduced new, stricter standards for data controllers and processors. It also has extraterritorial reach, meaning any organization that processes personal data of EU users must comply — regardless of where the company is based.
Non-compliance with GDPR can result in fines of up to €20 million or 4% of a company’s annual global turnover, whichever is greater. These aren’t just theoretical numbers: in 2019, Google was fined €50 million for failing to properly inform users about how their data was being used. Since then, major fines have been imposed on companies like Amazon, Facebook, and TikTok for breaches involving lack of transparency, improper consent practices, and non-compliant data processing methods. Common GDPR ViolationsLack of transparency in how personal data is processed
Possible Violations
Practice shows that the most common violations are:
- Lack of transparency in data processing and user notification;
- Improper collection of user consent
- Failure to uphold data subject rights (e.g., access, correction, deletion, or data portability)
- Inadequate security measures leading to data breaches
Compliance with data protection legislation requires thorough development of data interaction mechanisms. If your company handles data of users from the European Union or offers services there, it is crucial to implement measures to comply with GDPR requirements.
How to Achieve GDPR Compliance
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The first step in aligning a business with GDPR is conducting an auditDuring a comprehensive audit, specialists analyze:
-Categories of collected personal data;
-Information protection methods;
-Mechanisms for processing personal data and transferring it to third parties.
If a company previously complied with data protection legislation in effect before GDPR, this significantly simplifies the process of adapting to the new requirements. -
Aligning with GDPR RequirementsFollowing the audit, leading lawyers develop a tailored plan to bring the business into compliance with GDPR. This includes:
-Explaining project requirements to the team;
-Adjusting business processes to account for user rights and key GDPR provisions;
-Implementing procedures for documenting data processing. -
GDPR Team TrainingOnce all rules are implemented, it is necessary to train staff on how to work with these new regulations.
Other Aspects
Documenting Data Processing Rules
One of the key elements of GDPR compliance is having legally sound documents:
- Privacy Policy;
- Cookie Policy;
- Terms of Use.
Obtaining Consent for Personal Data Processing
Consent for processing personal data must meet several GDPR requirements:
- Be freely given, specific, informed, and unambiguous;
- Be requested separately for each data processing purpose;
- Be documented.
Practice shows that companies often make errors in the consent process, such as using pre-checked boxes or vague wording, which can lead to fines.
Implementing a Cookie Banner
To properly notify users about data collection through cookies, a clear and accessible cookie banner must be implemented. The misconception that a small notification in the corner of the screen is sufficient has already led to fines and legal disputes. The key requirement is to provide users with real choices and control over their data.
Appointment of a Data Protection Officer (DPO)
In some cases, GDPR mandates the appointment of a Data Protection Officer (DPO), particularly when data processing is systematic or involves large volumes of personal data. Having a DPO enables timely responses to legislative changes and reduces the risk of violations.
Access to Personal Data of Minors
Processing the data of individuals under 16 requires consent from their parents or legal guardians. In practice, companies often face challenges in verifying parental consent. The solution is to develop legally compliant procedures and technologies for consent verification.
Compliance with Local Requirements
In addition to GDPR, various countries have their own data protection laws (e.g., CCPA in the USA, LGPD in Brazil, and PDZ in Russia and China). It’s crucial to account for national regulatory specifics and ensure transparency in data processing.
Compliance with legal requirements not only protects businesses from fines and sanctions but also builds user trust, enhancing the company’s competitiveness in the market.