COMPLIANCE: The 7 Deadly GDPR Sins: Mistakes That Could Cost You Everything

The 7 Deadly GDPR Sins: Mistakes That Could Cost You Everything

1. Consent Catastrophes:
If you are relying on the legal basis of Consent, GDPR requires clear, specific, and unambiguous consent for processing personal data. Yet, many businesses still use vague language, pre-ticked boxes, or assume silence equals consent.

Real-life example: A UK-based retailer was fined £100,000 for using pre-ticked consent boxes in marketing campaigns, misleading customers. One frustrated customer shared how they continued to receive marketing emails despite repeatedly trying to unsubscribe, damaging their trust in the brand.
Avoid this sin:

 Use plain language when requesting consent.

 Make opt-in mechanisms clear and separate from terms and conditions.

 Regularly review and refresh consents, especially for sensitive data.

 Remember that consent is only one of the six lawful bases for processing personal data.

Consider whether you may be able to use legitimate interests, legal obligations, contracts, vital interests or public task basis instead and largely avoid the consent issue.

2. Data Minimisation Missteps:
Collecting more data than necessary is like hoarding explosives – it’s risky and unnecessary. GDPR enshrines the principle of data minimisation: only collect what you need.

Real-life example: A healthcare provider collected excessive patient data and was fined when it was later compromised in a cyberattack. The incident resulted in hundreds of patients receiving fraudulent calls, causing anxiety and confusion.
Avoid this sin:

 Audit your data collection practices.

 Limit access to personal data to only those who need it.

 Regularly purge obsolete data and anonymise data where you can.

3. Security Shortcomings
A weak security posture invites cybercriminals to exploit your data. GDPR mandates appropriate technical and organisational measures to secure personal data.

Real-life Example: British Airways was fined £20 million after hackers stole data from 400,000 customers due to poor security protocols. One affected customer had their card details used for multiple unauthorised purchases, highlighting the human cost of poor data security. Although British Airways was able to reduce this fine by claiming that the after-effects of the Covid pandemic on the travel industry meant that a £20 million fine was unachievable, nonetheless, they still received the highest fine ever imposed by the UK Information Commissioner, and again, countless millions of damage to their reputation.
Avoid this sin:
 Encrypt sensitive information.

 Implement multi-factor authentication.

 Conduct regular security audits and staff training.

4. Transparency Troubles
GDPR prioritises individual’s rights to know how their data is processed. Ambiguous privacy policies, hidden clauses, and lack of transparency can lead to regulatory action.

Real-life example: A social media company was penalised for hiding privacy settings, misleading users about their data usage. Users reported feeling deceived and worried about how their private messages were being handled.
Avoid this sin:

 Publish a clear and accessible privacy policy.

 Communicate any changes to data processing activities.

 Honour subject access requests (SARs) promptly.