What is GDPR?

The General Data Protection Regulation (GDPR) may seem like a dry and complex topic at first glance, but it affects every website owner. With personal data being constantly collected and processed on the Internet, it is vital for site owners to understand and implement the rules and requirements of data protection.  

Following the GDPR protects both your customers’ privacy and shields your company from hefty fines and damage to its reputation. GDPR compliance is therefore a must if you want to run a successful website.   

What is the GDPR?  

The General Data Protection Regulation (GDPR) is a European Union regulation that came into force in 2018 to replace older data protection laws and address modern challenges like online tracking, data breaches, and the rise of big data.  

The main goal of the GDPR is to protect personal data and preserve the privacy of individuals online. It has done so by creating a unified legal framework to ensure that the rights of data subjects are respected, while giving organisations the flexibility they need to process data effectively and securely.  

The GDPR clearly lays out how companies, organisations, and individuals may collect, store, process, and share data. These uniform regulations within the EU are intended to ensure a high level of data protection and strengthen user trust.  

In the next section, we’ll touch on the main principles guiding the GDPR and what they mean in practice.  

The main principles of the GDPR    

The GDPR is based on a set of fundamental principles designed to ensure that data protection is guaranteed at a high level.  

Transparency and duty to provide information   

One of the central principles of the GDPR is transparency, meaning that companies are required to inform their users in a clear way about what data they collect, for what purpose this data is used, and how long it will be stored. This is usually done with a privacy policy, which must be published on the website and always be accessible.  

User consent   

Another important principle is consent. Companies may only collect or process personal data if the user has given their explicit consent. This consent must be voluntary and specific. A simple “opt-in” procedure, where the user actively consents (e.g. by ticking a box), is necessary to comply with the GDPR requirements.  

Rights of data subjects   

The GDPR significantly strengthens the rights of data subjects. Users have the right to access their stored data and to know how it is used (right of access). They can request the rectification of inaccurate data (called the “right to rectification”) and even request the deletion of their data if no longer needed or the processing was unlawful (“right to erasure”).  

In addition, there is the right to object to the processing of their data or to receive it in a structured, commonly used format (“right to data portability”).  

These rights give users more control over their personal information and ensure their privacy.  

The impact of GDPR on website owners 

The GDPR has a direct impact on the way website owners handle personal data and what obligations they must fulfil.  

Data processing requirements   

Website owners must ensure that they only collect and process personal data following the GDPR. This means that data may only be processed for specified, lawful purposes and that this data must be kept accurate and up-to-date. In addition, proper security measures must be taken to protect the data from unauthorised access or loss.  

Privacy policy and cookie policies  

Every website that processes personal data must provide a privacy policy that transparently explains what data is collected, why it is needed and how it is used. In addition, website owners must ensure that users are informed about the use of cookies and actively give their consent to this (cookie banner). The specific functions of cookies, such as tracking cookies, must also be clearly communicated.  

Data protection officers and their role 

Depending on the size and type of data processing, many companies will need to appoint a Data Protection Officer (DPO). The DPO monitors compliance with the GDPR and is available as a contact person for all questions relating to data protection. They ensure that all data processing processes are GDPR-compliant and advises the website owner on the implementation of data protection measures.  

In large companies or in the case of extensive data processing, the data protection officer is an important contact person who ensures that the rights of the users are protected.  

When do you need to comply with the GDPR?  

As a website owner, it is crucial that you follow the GDPR in various situations to avoid legal risks and ensure the privacy of your users. Here are some examples:  

1. Collection of personal data:  
   If you, as a website owner, collect personal data such as names, email addresses, phone numbers or IP addresses, whether through forms, newsletter sign-ups, online appointment bookings or contact requests, you must follow the GDPR requirements. This means that users must give explicit consent, and the data must be stored and processed securely.

2. Use of cookies and tracking technologies:  
   If a website uses cookies to track users (e.g., for analytics or marketing purposes), you, as the website owner, must inform users and obtain their consent before the cookies are placed. This also applies to all forms of tracking such as Google Analytics or social media plugins. 

3. Online stores and the processing of payment information:  
   If you operate an ecommerce website that processes payments or orders, you must ensure that personal data such as credit card information, addresses, and order histories are processed and stored securely per the GDPR. You must also provide users with access to their data and the right to delete it.

4. Collection of user data by third-party providers:  
   If your website has third-party tools or services that collect user data (such as embedded videos), you need to ensure that these third-party providers are GDPR-compliant. Here, too, user consent must be obtained. 

5. User rights and data access:  
   If users on your website want to view, correct or remove their data, you as the website owner must ensure that these rights are granted under the GDPR. This includes offering users an easy way to request or delete their data. 

6. Data portability:  
   You also need to inform your users that they have the right to receive their data in a structured, commonly used format and transfer that data to another provider. This is especially true for websites that store extensive personal data, such as online services or social networks.  

GDPR-compliant website design   

Designing a website that is compliant with GDPR requires that you, as a website owner, take specific privacy precautions and always respect your users’ rights.  

Integration of data protection regulations (e.g. privacy policy)   

Any website that processes personal data must have an easily accessible privacy policy. This statement should provide detailed information on what data is collected, for what purpose it is used, how long it is stored and how users can exercise their rights. The privacy policy must be formulated in a clear and understandable way and must be updated regularly.  

Use of cookies and cookie banners   

Website owners must actively inform users about the use of cookies and obtain their consent. A cookie banner that appears on the first visit should inform the user about the type of cookies used (e.g. tracking, marketing or functionality cookies) and offer a way to agree or reject their use. Only necessary cookies may be set without consent.   

Data processing security measures   

The GDPR requires that personal data be protected by proper technical and organisational measures. This includes encrypting data, using secure connections (e.g. HTTPS), regular security updates, and ensuring that only authorised people have access to the data. These safeguards help protect the data from misuse while contributing to GDPR compliance.  

How to make your website legally compliant  

Following the GDPR might seem overwhelming, but it doesn’t have to be. There are simple solutions that will let you easily manage the management of cookie consent and the creation of your website policies at the click of a button, such as Termly.  

With Termly, you can quickly create custom privacy and cookie policies, implement a cookie banner, and have all these functions kept automatically updated.  

What happens if you don’t comply with GDPR? 

Failure to follow the GDPR can have serious consequences for website owners, both financial and reputational.   

Possible penalties and fines  

A violation of the GDPR can be punished with high fines. The penalties can be as high as 20 million euros or 4 percent of a company’s annual global turnover, whichever is higher. The amount of the penalty depends on the severity of the violation and the company’s cooperation with regulators. In serious cases, criminal consequences may also be imposed.  

Loss of reputation and trust  

In addition to financial penalties, non-compliance with the GDPR can also cause significant damage to a company’s reputation. Users lose trust in companies that handle their data carelessly or violate their privacy. A loss of image can have long-term effects on customer loyalty and business success, as more and more consumers value the secure handling of their personal data.  

GDPR: a long-term strategy for brand trust

The GDPR may seem like a big challenge at first, but it also offers you as a website owner a valuable opportunity to gain the trust of your users and strengthen it in the long term. A GDPR-compliant website not only provides legal certainty but also signals to users that their personal data is respected and protected. Transparent and secure data processing helps to strengthen customer loyalty and promote your company’s reputation.  

In the long run, as a website owner, you will benefit from a GDPR-compliant site, as you will not only minimise legal risks, but also increase the trust and satisfaction of your visitors. Data protection is therefore not only a legal obligation, but a decisive factor for the success of a website – especially in a competitive market where trust and security play a central role.    

You now also know that you can easily implement the GDPR requirements with Termly: