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Compliance Checklist

GDPR Compliance Checklist (2026)

Authority: European Data Protection Board (EDPB)Updated: 2026-01Official source
Disclaimer: This checklist is for informational purposes only and does not constitute legal advice. Compliance requirements vary by jurisdiction, business type, and circumstances. Always consult a qualified attorney or compliance professional before making compliance decisions.
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Lawful Basis for Processing

Article 6Official source
Article 5(2)Official source
Article 9Official source
Articles 7–8Official source
Article 7(3)Official source

Privacy Notice & Transparency

Articles 12–14Official source
Article 12Official source
Article 12Official source
Articles 13–14Official source

Data Subject Rights

Article 15Official source
Article 16Official source
Article 17Official source
Article 18Official source
Article 20Official source
Article 21Official source

Data Protection by Design

Article 5(1)(c)Official source
Article 5(1)(e)Official source
Article 32Official source
Article 32Official source

Records & Documentation

Article 30Official source
Article 30(1)Official source
Article 30(5)Official source

Data Breaches

Article 33Official source
Article 34Official source
Article 33(5)Official source

Third Parties & Transfers

Article 28Official source
Article 28(1)Official source
Articles 44–46Official source

Data Protection Officer (DPO)

Article 37Official source
Articles 37–39Official source

What is GDPR and who does it apply to?

The General Data Protection Regulation (GDPR) is the European Union's comprehensive data privacy law, in force since May 25, 2018. It applies to any organisation — anywhere in the world — that collects, stores, or processes personal data belonging to EU or EEA residents. If your website is accessible from Europe and you collect email addresses, IP addresses, cookie identifiers, or any other personally identifiable information, GDPR applies to you. There is no minimum size exemption: a solo founder with a newsletter list of 100 EU subscribers is subject to GDPR.

The regulation defines two key roles: controllers (organisations that determine why and how personal data is processed) and processors (organisations that process data on behalf of controllers, such as cloud providers or email services). Both carry legal obligations under GDPR, and controllers must sign Data Processing Agreements (DPAs) with all processors under Article 28.

What are the consequences of GDPR non-compliance?

Fines are tiered under Article 83. Less serious violations — such as failing to maintain records of processing activities (Article 30) or not notifying a breach within 72 hours (Article 33) — can result in fines of up to €10 million or 2% of global annual revenue. More serious violations — such as processing data without a lawful basis (Article 6) or violating data subject rights (Articles 15–22) — can attract fines of up to €20 million or 4% of global annual revenue, whichever is higher. In 2023, total GDPR fines exceeded €2 billion for the first time. Notable recent penalties include Meta (€1.2 billion, 2023) and Amazon (€746 million, 2021).

Beyond financial penalties, supervisory authorities can issue warnings, reprimands, and orders to stop processing data entirely. A processing ban can halt business operations for any company dependent on EU customer data. The regulation is enforced by national Data Protection Authorities (DPAs) in each EU member state, coordinated by the European Data Protection Board (EDPB).

How to use this GDPR compliance checklist

Work through each category systematically. The checklist covers the seven GDPR principles from Article 5, the six lawful bases for processing from Article 6, and the eight data subject rights from Articles 15–22. Each item includes a reference to the specific GDPR article so you can verify the requirement directly in the official regulation text at gdpr-info.eu.

Start with your lawful basis for processing — you cannot lawfully process personal data without one, and this determines much of your compliance posture. Then work through data subject rights, which require internal processes to respond to requests within 30 days. If you also process health data, you may need to review our HIPAA checklist; if you serve California residents, review the CCPA checklist. Use the PDF export to share your progress with your Data Protection Officer, legal team, or external auditors.

Frequently Asked Questions

What is the maximum penalty for GDPR non-compliance?
The maximum fine under GDPR is €20 million or 4% of global annual revenue, whichever is higher (Article 83(5)). A lower tier of up to €10 million or 2% of global annual revenue applies to less serious violations such as record-keeping failures. In 2023, total GDPR fines exceeded €2 billion. Notable penalties include Meta (€1.2 billion), Amazon (€746 million), and Instagram (€405 million).
Does GDPR apply to US companies?
Yes. GDPR applies to any organisation that processes personal data of EU/EEA residents, regardless of where the organisation is based. If you have EU customers or website visitors from the EU and collect any data about them (including IP addresses via analytics), GDPR applies.
What are the fines for GDPR non-compliance?
GDPR fines operate in two tiers. Serious violations (unlawful processing, violating data subject rights, transferring data without safeguards) can reach €20 million or 4% of global annual turnover, whichever is higher. Less serious violations (technical requirements) can reach €10 million or 2%.
What counts as personal data under GDPR?
Personal data is any information relating to an identified or identifiable natural person. This includes names, email addresses, IP addresses, cookie identifiers, location data, photos, and any data that can be used alone or in combination to identify someone.
Do I need a cookie consent banner?
If you use non-essential cookies (analytics, advertising, session tracking beyond basic functionality), you need prior consent from EU users before setting those cookies. Implied consent and pre-ticked boxes are not valid. A properly implemented consent management platform (CMP) is the standard solution.
What is the difference between a controller and a processor?
A controller determines the purposes and means of processing — this is typically your business. A processor processes data on behalf of the controller — this is typically your vendors (cloud providers, analytics tools, email platforms). Both have obligations under GDPR, and you must have a DPA with every processor.

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