GDPR

GDPR compliance,
explained plainly

The GDPR is the EU regulation that governs how organizations handle the personal data of people in Europe. Here is what it actually asks of you, from the lawful bases and the rights you owe data subjects to the records you keep and the 72-hour breach rule, plus how a Swiss or non-EU company ends up in scope, and how teams run the whole thing in one Swiss-hosted workspace.

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Every framework
ISO/IEC 27001SOC 2GDPRHIPAASwiss nFADPNIST CSF 2.0OWASPEU AI Act
ISO/IEC 27001SOC 2GDPRHIPAASwiss nFADPNIST CSF 2.0OWASPEU AI Act
ISO/IEC 27001SOC 2GDPRHIPAASwiss nFADPNIST CSF 2.0OWASPEU AI Act
ISO/IEC 27001SOC 2GDPRHIPAASwiss nFADPNIST CSF 2.0OWASPEU AI Act
  • ISO/IEC 27001
  • SOC 2
  • GDPR
  • HIPAA
  • Swiss nFADP
  • NIST CSF 2.0
  • OWASP
  • EU AI Act
The law

What the GDPR actually requires.

The GDPR (Regulation (EU) 2016/679) has applied since 25 May 2018. It is a law, not a certificate — there is no general "GDPR certified" badge. You show compliance through accountability: a lawful basis for every use of personal data, rights you honour, and records you can produce on demand.

A lawful basis for everything

Every use of personal data needs one of six lawful bases (consent, contract, legal obligation, vital interests, public task or legitimate interests) chosen before you process, not after.

Rights you owe people

Data subjects can ask to access, correct, delete, restrict, port or object to the use of their data. You have to be able to act on those requests, usually within a month.

Records, not a certificate

Accountability means written proof: your records of processing activities (RoPA), data protection impact assessments where risk is high, and processor agreements that hold up.

A 72-hour breach clock

A personal-data breach that risks people must be reported to the supervisory authority within 72 hours where feasible — and the people affected when the risk is high.

The full picture

GDPR, explained in full.

A plain-language walkthrough — what it is, what it asks for, and what it takes to keep it current.

01

What is the GDPR?

The General Data Protection Regulation, Regulation (EU) 2016/679 and almost always just "the GDPR", is the European Union law that governs how organizations collect, use, store and share the personal data of people in Europe. It has applied directly across the EU and EEA since 25 May 2018, and it replaced a patchwork of older national data protection laws with a single, common rulebook.

The first thing to be clear about is that the GDPR is a law, not a standard you certify against. There is no general "GDPR certified" stamp you can put on your website. The regulation does allow for approved certification mechanisms in specific areas, but there is no universal certificate that says an organization "is GDPR compliant". Instead, compliance is something you demonstrate, continuously, through accountability: being able to show, on demand, that you handle personal data the way the law requires.

Personal data is defined broadly: any information relating to an identified or identifiable person — a name, an email address, an IP address, a customer ID, a location. If your systems touch information about real people in Europe, the GDPR almost certainly has something to say about how you do it.

Compliance vs certification

This trips teams up constantly, so it is worth being precise. With a framework like ISO 27001 you work toward a certificate issued by an accredited body. With the GDPR there is no such badge to earn — you are simply expected to comply, and to be able to prove it if a supervisory authority or a customer asks. That is why GDPR work is less about passing an audit on a given date and more about keeping a living set of records that show you are doing the right thing day to day.

02

Who the GDPR applies to (including outside the EU)

The most misunderstood part of the GDPR is its reach. It does not only apply to companies based in the EU. It applies to any organization, anywhere in the world, that processes the personal data of people who are in the EU or EEA — whether to offer them goods or services, or to monitor their behaviour. This is what lawyers call its extraterritorial scope, and it is why so many Swiss, UK and US companies fall under it without having a single office in the bloc.

For a Swiss company, this is the common case. If you sell to customers in Germany, run a website that signs up users in France, or process data on behalf of an EU client, you are very likely in scope — Swiss borders do not put you outside the regulation. The test is about whose data you handle and who you are reaching, not where your servers or your headquarters sit.

If you are weighing whether the GDPR applies to you, the practical question is simple: do you handle personal data about people who are in the EU or EEA? If the answer is yes, you should assume you are in scope and work from there, rather than hoping a geographic technicality lets you off.

03

The principles behind the rules

Before the detailed obligations, the GDPR sets out a handful of principles that everything else flows from. You should handle personal data lawfully, fairly and transparently. You should collect it only for specified, explicit purposes and not quietly repurpose it later. You should collect only what you actually need, keep it accurate, and not hold on to it longer than necessary. And you should keep it secure — protected against loss, unauthorised access and misuse.

The last principle is the one that gives the regulation its teeth: accountability. It is not enough to follow the other principles — you have to be able to demonstrate that you follow them. That single word is why GDPR compliance is, in practice, mostly a documentation and evidence exercise: the records you keep are how you prove the principles are being met.

04

The six lawful bases for processing

Under the GDPR you cannot use personal data just because it would be convenient. Every distinct use of personal data needs a lawful basis, and there are exactly six to choose from: consent, performance of a contract, compliance with a legal obligation, protection of someone’s vital interests, a task carried out in the public interest, and legitimate interests.

Choosing the right basis matters because it shapes what else you have to do. If you rely on consent, it has to be freely given, specific and as easy to withdraw as it was to give — and people can withdraw it. If you rely on legitimate interests, you have to be able to show you weighed your interest against the rights of the people involved and came out the right side of that balance. The wrong basis, or a basis chosen after the fact, is a common finding when things go wrong.

The discipline the law expects is to decide the basis before you start processing, write it down, and use it consistently. In practice that means each processing activity in your records carries a stated lawful basis — which is exactly the kind of thing your records of processing activities are there to capture.

05

The rights you owe data subjects

The GDPR gives people a set of rights over their own personal data, and the duty to honour them sits with you. People can ask for access to the data you hold about them, have inaccurate data corrected, and, in many cases, have their data erased, the so-called right to be forgotten. They can ask you to restrict how their data is used, to provide it in a portable form they can take elsewhere, and to object to certain uses such as direct marketing.

There are also rights around decisions made about people by automated means alone — if a purely automated process has a significant effect on someone, they have rights to understand it and, in many cases, to ask for human involvement.

What this means operationally is that you need a reliable way to receive these requests, find all the relevant data across your systems, and respond — usually within one month. Teams that have no map of where personal data lives discover, the first time a real request arrives, that simply finding everything about one person is the hard part. A current record of what you hold and where turns a stressful scramble into a routine task.

06

Controller vs processor, and the DPA

The GDPR splits the organizations that handle personal data into two roles, and your obligations depend on which one you are. A controller decides why and how personal data is processed — it is your data, your purpose. A processor handles personal data on a controller’s behalf and under its instructions, such as a SaaS vendor running a service for its customers. Many companies are both at once: a controller for their own employee and customer data, and a processor for the data their clients put into their product.

Where a controller uses a processor, the GDPR requires a written contract between them — a data processing agreement (DPA) under Article 28. The DPA sets out what the processor may and may not do with the data, the security it must maintain, how it handles sub-processors, and what happens when the relationship ends. If you sell software to EU customers, your customers will ask you to sign one as the processor; if you use vendors that touch your personal data, you should have one with each of them as the controller.

Getting the role right is foundational, because it determines who is responsible for what — including who has to answer to a supervisory authority, and who carries which part of the breach-notification duty.

07

RoPA and DPIAs: the accountability records

Because accountability is the whole game, the GDPR names specific records you are expected to keep. The first is your records of processing activities — the RoPA, under Article 30. It is a structured inventory of what personal data you process, why, on what lawful basis, who you share it with, where it goes, and how long you keep it. It is, in practice, the master map of your data processing, and it is usually the first thing a supervisory authority asks to see.

The second is the data protection impact assessment, the DPIA, under Article 35. When a particular kind of processing is likely to result in a high risk to people (large-scale profiling, systematic monitoring, sensitive data at scale) you are required to assess that risk before you start, document how you will mitigate it, and in some cases consult your supervisory authority. A DPIA is not paperwork for its own sake; it is the structured think-before-you-build step the law expects for the riskiest things you do.

Both records share a failure mode: they drift. A RoPA written once and never touched stops matching reality the moment you add a new tool or a new data flow, and a DPIA filed and forgotten gives you no protection if the processing it covered has since changed. Keeping them current, and linked to the actual systems and decisions they describe, is most of what living up to accountability really means.

When you need a DPO

The GDPR also requires some organizations to appoint a data protection officer (DPO) under Article 37: broadly, public authorities, organizations whose core activity is large-scale systematic monitoring, and those processing sensitive data at large scale. Not every company needs one, and the smallest teams often do not. But where the rule bites, the DPO is the named, independent person responsible for overseeing data protection — and the supervisory authority’s point of contact.

08

Personal-data breaches and the 72-hour rule

When a personal-data breach happens (data lost, stolen, exposed or accessed by the wrong people) the GDPR puts you on a clock. Where the breach is likely to risk people’s rights and freedoms, you must notify your supervisory authority without undue delay and, where feasible, within 72 hours of becoming aware of it. If the risk to the people affected is high, you also have to tell them directly, in plain language.

Seventy-two hours is short, and the clock starts when you become aware, not when you have finished investigating. That is precisely why a breach response works far better when it is prepared in advance than improvised under pressure: knowing who decides, what gets assessed, and where the contact details and templates live is the difference between a controlled notification and a missed deadline. Notably, not every breach has to be reported, since the duty turns on the risk to people, but you are expected to assess and record that judgement either way, even for breaches you decide not to report.

09

How you demonstrate compliance without a certificate

Because there is no GDPR certificate to wave, the question customers and authorities actually ask is "show me". Showing means producing evidence: your RoPA, your lawful-basis decisions, your processor agreements, your DPIAs for high-risk processing, your breach log, your privacy notices, and the records that prove you handle data subject requests on time. Accountability is not an attitude — it is a folder of current, consistent documents you can open on request.

This is where many teams quietly struggle. The obligations are spread across legal, product, security and operations, and the evidence ends up scattered across drives, inboxes and spreadsheets that drift apart over time. When a customer’s due-diligence questionnaire or a supervisory query lands, reconstructing a coherent picture from those fragments is the expensive part — not the underlying practices, which are often fine.

Keeping the accountability records in one place, current and linked to the systems and policies they describe, turns "show me your GDPR compliance" from a fire drill into a routine export. That is the same discipline that makes the rest of the regulation manageable: less a project you finish than a system you keep running.

10

The GDPR and the Swiss nFADP

For Swiss companies, the GDPR rarely arrives alone. Switzerland has its own modernised data protection law (the new Federal Act on Data Protection, the Swiss nFADP, in force since September 2023) and the two were deliberately brought close together. The nFADP raised Swiss rules to a standard broadly aligned with European expectations, which is part of why Switzerland continues to be recognised as offering an adequate level of protection for data flowing from the EU.

The two are not identical, so you cannot simply treat one as a copy of the other. But they overlap heavily: both turn on lawful processing, transparency, data subject rights, records of processing and breach handling. In practice a Swiss company serving EU customers needs to satisfy both at once — and because so much of the underlying work is shared, the sensible approach is to maintain it once and map it to each law, rather than running two disconnected compliance efforts side by side.

11

What non-compliance can cost

The GDPR is backed by fines large enough to change behaviour. For the most serious infringements, supervisory authorities can impose penalties of up to 20 million euros, or 4% of an organization’s total worldwide annual turnover, whichever is higher. A second, lower tier covers less severe breaches. The headline number is deliberately tied to global turnover so that it bites large organizations as hard as small ones.

Fines, though, are usually not the first cost teams feel. Lost or stalled deals are. Enterprise and public-sector buyers increasingly ask for evidence of GDPR compliance before they will sign, and a vague or missing answer slows the sale long before any regulator gets involved. Reputational damage from a mishandled breach can outlast any fine. The reassuring side of this is that the work that protects you from all three (clear records, honoured rights, a prepared breach response) is the same work, done once and kept current.

The real problem

Audit-ready is a state you keep, not a sprint you survive.

Most tools optimize for getting the first certificate. The expensive part is the years after — the spreadsheet sprawl, the evidence you reassemble from memory the week before an audit, the client (or control) you haven't looked at since last cycle. That's the part no first-cert tool was built for.

Spreadsheet sprawl across drives, tabs and inboxes
The week-before scramble, reassembled from memory
The control you haven't looked at since last cycle
Audit-readiness over time
Year over year
audit-readyYear 1Year 2Year 3
Point-in-time tools — scramble & drift
devguard — a state you keep
Run it in devguard

Your GDPR accountability, in one workspace.

Everything the regulation asks you to maintain, from records and policies to assessments and breach response, connected and ready to show on demand. Pick one to see it.

Your RoPA and obligations, in one view

See your records of processing activities and where each GDPR obligation stands, each linked to the lawful basis, policies and systems behind it, so "show me your records" is a live view, not a spreadsheet someone has to reconstruct.

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Control coverage64%
Asset managementCovered
CryptographyPartial
Supplier securityGap
Document once. Reuse across the laws and standards you face.

The GDPR overlaps heavily with the Swiss nFADP (its near-twin for Swiss companies) and with the security practices ISO 27001 asks for. Map a control or record once in devguard and the same evidence answers for it everywhere it appears, so the second framework is a fraction of the work of the first.

See the full feature comparison

Already certified and dreading the next cycle? See how we help certified companies stay audit-ready.

Already have a GDPR program? Move it across.

If you already run GDPR compliance somewhere, you do not want to rebuild it from a blank page. In a scoped conversation we agree exactly what moves (your RoPA, privacy policies, processor agreements, DPIAs and request and breach history) and run that migration with you, for a fixed scope and a date set before we start. Your existing setup stays untouched and exportable until you are satisfied the new one holds up side by side.

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GDPR FAQ

GDPR, answered plainly.

Can a company be "GDPR certified"?

Not in the sense of a universal badge. The GDPR is a law, not a certifiable standard, so there is no general "GDPR certified" stamp. It does allow for approved certification mechanisms in specific areas, but compliance is something you demonstrate through accountability records — not a certificate you earn once.

Does the GDPR apply to a Swiss or non-EU company?

Often, yes. The GDPR applies to any organization, wherever it is based, that processes the personal data of people in the EU or EEA — for example by selling to them or monitoring them. A Swiss company serving EU customers is very likely in scope, regardless of where its offices or servers sit.

What are the six lawful bases for processing?

Consent, performance of a contract, compliance with a legal obligation, protection of someone’s vital interests, a task in the public interest, and legitimate interests. Every use of personal data needs one of these, chosen before you process and recorded — typically in your records of processing activities.

What is a RoPA, and do I need one?

A RoPA is your records of processing activities under Article 30 — a structured inventory of what personal data you process, why, on what lawful basis, who you share it with and how long you keep it. Most organizations that process personal data are expected to maintain one, and it is usually the first thing a supervisory authority asks to see.

How long do I have to report a personal-data breach?

Where a breach is likely to risk people’s rights, you must notify your supervisory authority without undue delay and, where feasible, within 72 hours of becoming aware of it. If the risk to the people affected is high, you must also tell them directly. Not every breach has to be reported, but you should assess and record that judgement either way.

How does the GDPR relate to the Swiss nFADP?

They are close but not identical. The Swiss nFADP, in force since September 2023, was modernised to align broadly with European expectations, and the two overlap heavily on lawful processing, rights, records and breach handling. A Swiss company serving EU customers typically needs both, so the practical approach is to maintain the shared work once and map it to each.

Keep reading

GDPR on the blog

  • What a training record has to prove under DORA and the GDPR
  • What the EDPB's DPIA template actually requires
  • What an incident register has to prove

All GDPR posts

See how your GDPR program would look in devguard.

The fastest way to know if this fits is a short conversation about how you handle GDPR today — what you maintain, where the accountability effort goes, and what moving it would involve. No deck unless you want one.

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