The General Data Protection Regulation (GDPR), is a landmark law to protect the data collection and data use rights of anyone in the European Union (EU) or European Economic Area (EEA), regardless of where their information is processed. It includes a broad scope, stringent requirements, and substantial non-compliance penalties. Knowing whether the GDPR applies to your organization is critical if you interact with any kind of personal data.
In this article, we’ll clarify:
- Which organizations fall under the GDPR’s scope
- The types of data the GDPR safeguards
- The authorities responsible for enforcement
- Whether the GDPR applies to non-EU organizations
Note: This article mainly covers the EU GDPR. The UK GDPR is a separate legal framework post-Brexit. The two regimes share many similarities, but the enforcement and oversight for the UK GDPR are handled independently by the Information Commissioner’s Office (ICO).
Who does the GDPR apply to?
The GDPR applies to any entity, including a person, business, or organization, that collects or processes personal data from individuals in the EU and EEA. The size or location of the entity does not matter. The litmus test is to verify whether your organization targets EU residents.
“
Organizations should consider market research, regulatory and legal requirements, financial and operational structure, cultural fit, and risk assessments when determining whether their operations target EU residents.”
For example, any business that accepts orders from EU-based users must comply with the GDPR. The same applies to any website that collects data about EU visitors.
To clarify responsibilities in data processing and reporting, the GDPR defines two roles:
- Controllers: Organizations that determine why and how personal data is collected and processed
- Processors: Organizations that store, collect, and process personal data on behalf of controllers and strictly follow their instructions
Some GDPR compliance requirements, such as appointing a data protection officer (DPO) or maintaining records of processing activities (RoPA), may not apply to organizations that meet specific thresholds defined in the regulation. To clarify further:
- Article 37 mandates DPOs only for controllers or processors that:
- Are a public authority, or
- Regularly and systematically monitor data subjects on a large scale, or
- Engage in large-scale processing of special categories or criminal data
- Both controllers and processors generally need to maintain a RoPA as per Article 30. There’s an exception for organizations with fewer than 250 employees, but it only applies if the processing is occasional, doesn’t involve sensitive or criminal data, and isn’t likely to pose a risk to individuals’ rights.
{{cta_withimage14="/cta-blocks"}} | GDPR compliance checklist
What type of information does the GDPR apply to?
GDPR protection extends to personal data, sensitive data, and pseudonymized data, but excludes truly anonymized or non-personal information.
In this context, personal data means anything that can be used to identify a specific individual. This includes information such as:
- Name
- ID number
- Location data (including vehicle GPS data)
- Telephone number
- Credit card number
The GDPR keeps the scope of data purposefully broad, since it’s also intended to cover subjective information, such as opinions, credit scores, and IP addresses that can reveal a person’s identity. However, GDPR protections only apply to living individuals—deceased persons and organizations aren’t covered.
The GDPR classifies data as personal, sensitive, and pseudonymized to apply appropriate protections. For instance, data such as an individual’s ethnicity, union membership, and genetic information are considered particularly sensitive. Under Article 9 of the GDPR, special categories of data require more stringent protections due to the high risk they pose to an individual’s rights and freedoms.
Who enforces the GDPR?
The EU GDPR doesn’t have a central enforcement body. Instead, each member state has a data protection authority (DPA). The duties of DPAs include:
- Monitoring compliance
- Providing guidance where needed
- Conducting audits in case of a breach or complaint
If your organization is based in the EU but operates internationally, you’re subject to the DPA in the jurisdiction where your primary establishment is located. For non-EEA organizations, a GDPR violation places you under the authority of the DPA in the jurisdiction where the breach occurred.
While the DPAs enforce the GDPR in their member states, the European Data Protection Board (EDPB) serves as an overarching supervisory body that ensures consistency across the EU by offering guidance and coordinating investigations that include multiple DPAs.
Does the GDPR apply to organizations outside of the EU?
As mentioned, the GDPR applies to any organization that processes the personal data of individuals within the EU and EEA, regardless of location. Even if your organization isn’t based in Europe, you’re in scope for the GDPR if you handle EU resident data.
It’s worth noting that the above doesn’t include occasional instances or incidental interactions with EU resident data. Compliance is only expected if your organization processes personal information as part of its core activities, such as when:
- Offering goods or services: If your organization offers goods or services directly aimed at EU residents, it must comply with the GDPR
- Monitoring user behavior: If your organization’s website can be accessed from the EU and collects data via cookies, contact forms, or other automated methods, you must comply with the GDPR
What happens if you don’t comply with the GDPR?
Compliance with the GDPR is mandatory for all in-scope organizations, and due to the sensitive nature of the information it covers, violations can result in corrective action or substantial financial penalties.
GDPR fines depend on the severity and nature of the violation:
Adopt the latest compliance best practices, such as ongoing monitoring, documentation collection, and frequent internal audits, to ensure ongoing alignment with the GDPR and minimize the risk of non-compliance fines.
Turn GDPR obligations into trackable tasks with Vanta
Vanta is a leading compliance and trust management platform that enables organizations to achieve GDPR compliance efficiently with built-in resources, guidance, and automation for up to 50% of workflows. You can operationalize your compliance obligations into actionable tasks and keep everything accessible on a centralized dashboard.
Vanta’s GDPR compliance product comes with features designed for efficiency and visibility, such as:
- Automated evidence collection: Vanta offers 400+ integrations so you can connect your systems and collect compliance evidence automatically.
- Pre-built GDPR templates: Access a comprehensive library of GDPR templates, including privacy policies, DPIAs, RoPAs, and breach response plans. Both the EU and UK GDPR requirements are covered under Vanta's GDPR framework.
- Customizable policy editor: Draft, edit, and maintain GDPR-compliant policies directly within Vanta’s policy editor.
- GDPR training modules: Train teams on GDPR principles like DPIAs with broader security awareness modules available on Vanta.
- Risk management for GDPR readiness: Identify, assess, and prioritize privacy risks with Vanta’s risk engine to enhance mitigation plans before audits.
- Framework version manager: Manage framework upgrades with automated carry-over of customizations and side-by-side comparisons to keep your GDPR implementation current.
- Continuous monitoring of GDPR controls: Continuously monitor key security practices under GDPR, like access control, encryption, and data handling policies.
Vanta also enables framework cross-mapping from widely adopted standards like SOC 2 and ISO 27001, allowing you to map similar controls and avoid redundant work.
Schedule a custom demo for a tailored walkthrough of Vanta’s GDPR compliance product.
{{cta_simple19="/cta-blocks"}} | GDPR product page
A note from Vanta: Vanta is not a law firm, and this article does not constitute or contain legal advice or create an attorney-client relationship. When determining your obligations and compliance with respect to relevant laws and regulations, you should consult a licensed attorney.
Introduction to GDPR
Who should comply with the GDPR? All you need to know
Looking to streamline the work for GDPR compliance?
The General Data Protection Regulation (GDPR), is a landmark law to protect the data collection and data use rights of anyone in the European Union (EU) or European Economic Area (EEA), regardless of where their information is processed. It includes a broad scope, stringent requirements, and substantial non-compliance penalties. Knowing whether the GDPR applies to your organization is critical if you interact with any kind of personal data.
In this article, we’ll clarify:
- Which organizations fall under the GDPR’s scope
- The types of data the GDPR safeguards
- The authorities responsible for enforcement
- Whether the GDPR applies to non-EU organizations
Note: This article mainly covers the EU GDPR. The UK GDPR is a separate legal framework post-Brexit. The two regimes share many similarities, but the enforcement and oversight for the UK GDPR are handled independently by the Information Commissioner’s Office (ICO).
Who does the GDPR apply to?
The GDPR applies to any entity, including a person, business, or organization, that collects or processes personal data from individuals in the EU and EEA. The size or location of the entity does not matter. The litmus test is to verify whether your organization targets EU residents.
“
Organizations should consider market research, regulatory and legal requirements, financial and operational structure, cultural fit, and risk assessments when determining whether their operations target EU residents.”
For example, any business that accepts orders from EU-based users must comply with the GDPR. The same applies to any website that collects data about EU visitors.
To clarify responsibilities in data processing and reporting, the GDPR defines two roles:
- Controllers: Organizations that determine why and how personal data is collected and processed
- Processors: Organizations that store, collect, and process personal data on behalf of controllers and strictly follow their instructions
Some GDPR compliance requirements, such as appointing a data protection officer (DPO) or maintaining records of processing activities (RoPA), may not apply to organizations that meet specific thresholds defined in the regulation. To clarify further:
- Article 37 mandates DPOs only for controllers or processors that:
- Are a public authority, or
- Regularly and systematically monitor data subjects on a large scale, or
- Engage in large-scale processing of special categories or criminal data
- Both controllers and processors generally need to maintain a RoPA as per Article 30. There’s an exception for organizations with fewer than 250 employees, but it only applies if the processing is occasional, doesn’t involve sensitive or criminal data, and isn’t likely to pose a risk to individuals’ rights.
{{cta_withimage14="/cta-blocks"}} | GDPR compliance checklist
What type of information does the GDPR apply to?
GDPR protection extends to personal data, sensitive data, and pseudonymized data, but excludes truly anonymized or non-personal information.
In this context, personal data means anything that can be used to identify a specific individual. This includes information such as:
- Name
- ID number
- Location data (including vehicle GPS data)
- Telephone number
- Credit card number
The GDPR keeps the scope of data purposefully broad, since it’s also intended to cover subjective information, such as opinions, credit scores, and IP addresses that can reveal a person’s identity. However, GDPR protections only apply to living individuals—deceased persons and organizations aren’t covered.
The GDPR classifies data as personal, sensitive, and pseudonymized to apply appropriate protections. For instance, data such as an individual’s ethnicity, union membership, and genetic information are considered particularly sensitive. Under Article 9 of the GDPR, special categories of data require more stringent protections due to the high risk they pose to an individual’s rights and freedoms.
Who enforces the GDPR?
The EU GDPR doesn’t have a central enforcement body. Instead, each member state has a data protection authority (DPA). The duties of DPAs include:
- Monitoring compliance
- Providing guidance where needed
- Conducting audits in case of a breach or complaint
If your organization is based in the EU but operates internationally, you’re subject to the DPA in the jurisdiction where your primary establishment is located. For non-EEA organizations, a GDPR violation places you under the authority of the DPA in the jurisdiction where the breach occurred.
While the DPAs enforce the GDPR in their member states, the European Data Protection Board (EDPB) serves as an overarching supervisory body that ensures consistency across the EU by offering guidance and coordinating investigations that include multiple DPAs.
Does the GDPR apply to organizations outside of the EU?
As mentioned, the GDPR applies to any organization that processes the personal data of individuals within the EU and EEA, regardless of location. Even if your organization isn’t based in Europe, you’re in scope for the GDPR if you handle EU resident data.
It’s worth noting that the above doesn’t include occasional instances or incidental interactions with EU resident data. Compliance is only expected if your organization processes personal information as part of its core activities, such as when:
- Offering goods or services: If your organization offers goods or services directly aimed at EU residents, it must comply with the GDPR
- Monitoring user behavior: If your organization’s website can be accessed from the EU and collects data via cookies, contact forms, or other automated methods, you must comply with the GDPR
What happens if you don’t comply with the GDPR?
Compliance with the GDPR is mandatory for all in-scope organizations, and due to the sensitive nature of the information it covers, violations can result in corrective action or substantial financial penalties.
GDPR fines depend on the severity and nature of the violation:
Adopt the latest compliance best practices, such as ongoing monitoring, documentation collection, and frequent internal audits, to ensure ongoing alignment with the GDPR and minimize the risk of non-compliance fines.
Turn GDPR obligations into trackable tasks with Vanta
Vanta is a leading compliance and trust management platform that enables organizations to achieve GDPR compliance efficiently with built-in resources, guidance, and automation for up to 50% of workflows. You can operationalize your compliance obligations into actionable tasks and keep everything accessible on a centralized dashboard.
Vanta’s GDPR compliance product comes with features designed for efficiency and visibility, such as:
- Automated evidence collection: Vanta offers 400+ integrations so you can connect your systems and collect compliance evidence automatically.
- Pre-built GDPR templates: Access a comprehensive library of GDPR templates, including privacy policies, DPIAs, RoPAs, and breach response plans. Both the EU and UK GDPR requirements are covered under Vanta's GDPR framework.
- Customizable policy editor: Draft, edit, and maintain GDPR-compliant policies directly within Vanta’s policy editor.
- GDPR training modules: Train teams on GDPR principles like DPIAs with broader security awareness modules available on Vanta.
- Risk management for GDPR readiness: Identify, assess, and prioritize privacy risks with Vanta’s risk engine to enhance mitigation plans before audits.
- Framework version manager: Manage framework upgrades with automated carry-over of customizations and side-by-side comparisons to keep your GDPR implementation current.
- Continuous monitoring of GDPR controls: Continuously monitor key security practices under GDPR, like access control, encryption, and data handling policies.
Vanta also enables framework cross-mapping from widely adopted standards like SOC 2 and ISO 27001, allowing you to map similar controls and avoid redundant work.
Schedule a custom demo for a tailored walkthrough of Vanta’s GDPR compliance product.
{{cta_simple19="/cta-blocks"}} | GDPR product page
A note from Vanta: Vanta is not a law firm, and this article does not constitute or contain legal advice or create an attorney-client relationship. When determining your obligations and compliance with respect to relevant laws and regulations, you should consult a licensed attorney.
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