GDPR-compliant:
A comprehensive overview for companies

The European Union's General Data Protection Regulation (GDPR ) ensures that personal data is processed in a transparent and secure manner. Companies that operate in the EU or process the data of EU citizens must be GDPR-compliant in order to avoid legal consequences and gain the trust of their customers.

In this article, you will learn everything you need to know about making your website and business processes GDPR-compliant. We shed light on the role of the cookie banner and the most important legal principles you should know in order to meet the requirements of the GDPR.

With practical tips and a detailed checklist, we support you in becoming GDPR-compliant and adapting your data processing processes accordingly.

What is the GDPR and why is it important?

The GDPR, which has been in force since May 2018, provides a comprehensive framework for the handling of personal data in the EU. It aims to protect the privacy of citizens and oblige companies to handle personal data responsibly.

Compliance with the GDPR is not only required by law, but also strengthens the trust of customers and partners in the integrity of a company.

Who must comply with the GDPR?

Any company that processes the personal data of EU citizens, regardless of its location, must comply with the GDPR.

This applies to all types of organizations, from small businesses to multinational corporations. Non-compliance can lead to severe fines, which can be up to 4% of annual global turnover or €20 million.

What data is covered by the GDPR?

The GDPR applies to all personal data, i.e. any information that can directly or indirectly identify an individual. This includes everything from names and addresses to IP addresses and location data. Companies must ensure that the handling of this data complies with the rules of the GDPR.

Basic principles of data processing under the GDPR

The GDPR sets out clear principles for data processing, including lawfulness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality. Every company must understand and implement these principles in order to be GDPR compliant.

Technical and organizational measures for data protection

Companies must take appropriate technical and organizational measures to protect personal data. This includes everything from encrypted data storage to secure processing procedures and regular security audits.

What are the basic requirements for companies to be GDPR-compliant?

Being GDPR compliant means that a company fully meets the requirements of the General Data Protection Regulation. This includes a variety of practices, policies and procedures. Everything is designed to ensure the protection of personal data and to strengthen the rights of visitors.

Compliance with the GDPR requires, among other things

1. Lawful processing:

The principle of lawful processing states that personal data may only be processed in accordance with the law and in a fair manner. This means that any form of data processing requires a solid legal basis. Such bases can be

• Explicit consent of the data subject
• Performance of a contract
• Fulfillment of a legal obligation
• Protection of vital interests
• Performance of a task carried out in the public interest
• Pursuit of legitimate interests of the processor or a third party

Organizations must clearly state the purpose of data collection and ensure that processing does not go beyond what is necessary to achieve that purpose. Lawful processing protects the fundamental rights of data subjects and ensures that their data is not processed without a valid, legal basis. This is a key element of GDPR compliance.

2. Transparency:

To be GDPR compliant, companies must adhere to the principle of transparency. This means that they must provide clear and open information about the processing of personal data. Any information, communication or request regarding data processing should be easily accessible and understandable, in clear and simple language.

This principle is particularly important when obtaining consent and providing information about the rights of data subjects. Transparency means that companies must disclose the following information

• Identity of the controller
• Purpose of the data processing
• Recipients of the data
• Rights of data subjects, including access to and rectification or erasure of their data

3. Purpose limitation:

The principle of purpose limitation ensures that personal data is only collected and used for clearly defined and legitimate purposes. As soon as this purpose is fulfilled or changes, the data may not be processed further without a new legal basis.

Organizations must state why they are collecting the data and make this transparent. This means that data may not be used for purposes other than those originally specified. Purpose limitation protects individuals from having their data used for unexpected or detrimental purposes.

This principle promotes trust by ensuring clear and predictable processing of personal data. In short, purpose limitation ensures that personal data is only processed for as long and to the extent necessary to fulfill the specific, legitimate purpose.

4. Data minimization:

The principle of data minimization states that only the personal data that is really necessary for the specified purpose may be collected and processed. Companies must carefully consider what data they actually need to achieve their objectives.

Superfluous information that is not relevant to the intended purpose should be avoided. Adhering to data minimization helps to reduce the risk of data breaches and protect the privacy of data subjects.

This principle also compels companies to regularly review and evaluate their data processing practices to ensure that no more data is collected or stored than is strictly necessary. By limiting data collection and processing to the minimum necessary, data minimization promotes responsible data management and strengthens users' trust in data processors.

5. Accuracy:

The principle of accuracy requires that personal data must be kept accurate and, where necessary, up to date. Companies are obliged to take all reasonable steps to ensure that inaccurate or outdated data is quickly deleted or rectified.

This means that companies must put procedures in place to ensure that data is accurate and up to date. Incorrect data can lead to incorrect decisions that can have a detrimental impact on the individuals concerned.

By ensuring that their data is accurate, companies increase user confidence in their data processing practices. This promotes responsible and legally compliant data management.

In short, the principle of accuracy emphasizes the importance of maintaining accurate data records to ensure the protection and rights of data subjects.

6. Storage limitation:

The principle of storage limitation states that personal data may only be stored for as long as is necessary for the purpose of processing. After this time, the data must either be deleted or anonymized, unless there are legal grounds for longer retention.

Organizations must establish clear data retention policies and procedures. These policies should specify how long data will be retained and how deletion or anonymization will take place.

Compliance with retention limits ensures that personal data is not kept for longer than necessary. This protects the privacy of data subjects and reduces the risk of data breaches.

This principle also promotes efficient data management and strengthens user trust by demonstrating that organizations handle their data responsibly.

Storage limitation ensures that personal data is only collected and stored for as long as necessary.

7. Integrity & Confidentiality:

The principle of integrity and confidentiality states that personal data must be processed securely to protect it from:

• unauthorized or unlawful processing
• Loss
• Destruction
• Damage

damage.

Companies are required to take appropriate technical and organizational measures to ensure that personal data is only processed by authorized personnel for specified purposes and is protected against security breaches.

This means that companies must invest in the security of their systems and data processing practices. This can be done through the following measures:

• Encryption of data
• Regular security audits
• Access controls to restrict access to data
• Data protection training for employees

This principle emphasizes the importance of data security as an essential component of data protection and GDPR compliance.

8. Accountability:

The accountability guideline describes the obligation of organizations to not only ensure compliance with data protection regulations, but also to be able to demonstrate that this compliance occurs at all stages of data processing.

The key elements of accountability include

• Conducting regular data protection impact assessments
• Appointment of a data protection officer (if required)
• Establishing processes for handling data breaches
• Ensuring the rights of data subjects
• Tracking and managing consent for data processing
• Ensuring a high level of data protection in all processing activities

Accountability promotes a culture of data protection within organizations. It encourages them to take proactive measures to comply with the GDPR and to be transparent about their responsibilities to data protection authorities and data subjects. The guideline ensures that data protection is embedded in business processes and that organizations are accountable for compliance with data protection principles.

9. Compliance with the rights of data subjects:

Compliance with data subject rights ensures that individuals have control over their personal data. This includes a number of rights that organizations must respect to ensure the data protection and privacy of individuals. These rights include:

• Right of access: individuals can request information about what data has been collected about them.
• Right to rectification: Inaccurate data must be corrected.
• Right to erasure ("right to be forgotten"): Individuals can request the erasure of their data.
• Right to restriction of processing: Individuals can have the processing of their data restricted.
• Right to data portability: Individuals can receive their data in a commonly used format and transfer it to another provider.
• Right to object: Individuals can object to the processing of their data.
• Right not to be subject exclusively to automated decision-making, including profiling: Individuals must not be assessed solely by automated processes.

Organizations are obliged to set up mechanisms that make it easy for data subjects to exercise their rights and must respond to requests within a certain timeframe. Compliance with these rights requires transparent communication and procedures for processing data subject requests.

To be GDPR compliant, companies must not only meet these requirements, but also continuously monitor, evaluate and update how they process personal data. This is necessary to keep up with changing regulations and best practices. GDPR compliance is not a one-time event, but a continuous process of evaluating, adapting and improving data protection practices.

Legal basis for GDPR-compliant data processing

The legal basis for the processing of personal data under the GDPR is set out in Article 6. These principles ensure that all data processing is legitimate, fair and transparent. Here are the most important legal principles

• Consent: Individuals must explicitly and voluntarily consent to their data being used for specific purposes. Consent must be given actively (e.g. by ticking a box) and can be withdrawn at any time.
• Performance of a contract: Data may be processed if this is necessary for the performance of a contract to which the data subject is party (e.g. online purchase, booking).
• Legal obligation: Data processing is permitted if it is necessary to comply with a legal obligation (e.g. tax obligations, employment law).
• Vital interests: Data may be processed to protect vital interests of the data subject or another person (e.g. medical emergencies).
• Public interest or exercise of official authority: Data may be processed if this is necessary for tasks in the public interest or for the exercise of official authority (e.g. government functions, public security).
• Legitimate interests: Data processing is permitted if it is necessary to pursue legitimate interests of the company or a third party, as long as these interests do not outweigh the rights and freedoms of the data subject (e.g. IT security, fraud prevention).

Strict requirements apply to particularly sensitive data (e.g. ethnic origin, political opinions, health data) in accordance with Article 9 of the GDPR.

The choice of the correct legal basis depends on the specific circumstances. It is the responsibility of the processor to carefully determine and document the appropriate legal basis.

Is the new Google Consent Mode v2 GDPR compliant?

Google Consent Mode v2 was developed in response to the GDPR and new EU regulations such as the Digital Markets Act (DMA) to meet specific operational and compliance requirements - especially with regard to personalized advertising. Consent Mode v2 has been mandatory since March 2024 if services such as Google Ads or Google Analytics 4 are to continue to be used. Google Consent Mode is available in two variants: "Basic Mode" and "Advanced Mode".

In basic mode, data is only sent as usual if users give their consent. Advanced mode, on the other hand, also enables cookie-free tracking for users who have not given their consent. This tracking is carried out using so-called pings, which do not contain any personal data. The aim of advanced mode is to close the data collection gaps that arise when users refuse to give their consent.

It is important to note that Consent Mode does not replace a regular cookie banner, but merely supplements it - the responsibility for obtaining consent remains with the website operator. Either way, Google Consent Mode v2 is not the only measure that needs to be taken to achieve full GDPR compliance in 2024.

Google Consent Mode v2 thus aims to improve GDPR compliance by giving you flexibility to customize your data collection practices, depending on user consent.

Itis recommended that companies carefully review this new mode and update privacy policies where necessary to ensure transparency with users and comply with legal requirements.

Click here to learn how to set up Google Consent Mode V2 quickly and easily with CCM19.

Why is a cookie banner important for a GDPR compliant website?

A cookie banner plays an important role in GDPR compliance by improving users' transparency and control over their personal data. Here are some factors on how a cookie banner helps with GDPR compliance:

1. Informed consent:

Website visitors must be fully and clearly informed about the use of cookies before they are placed on their device. This includes:

• Types of cookies used
• Purpose of the cookies (e.g. analysis, advertising)
• Who collects the data and how long the cookies remain on the device

Consent must be voluntary and specific, and users must be able to give or withhold their consent separately for different types of cookies. It must also be easy to withdraw consent.

2. Choice & control:

Visitors must have a real choice about whether and how their data is collected and used by cookies. This promotes user trust and ensures that website operators comply with GDPR requirements.

3. Transparency:

Users must be informed clearly and understandably about the use of cookies. This includes:

• How cookies are used
• Purpose of the cookies
• Who collects the data
• How long the cookies remain active

Information should be easily accessible and presented in plain language.

4. Documentation of consent:

Websites must be able to prove that a visitor has given consent to the use of cookies. This includes storing information about when and how consent was given, as well as details of the consent itself.

5. Adaptation to legal changes:

Website operators must continually monitor their privacy practices and update them as necessary to keep pace with new legislation. This demonstrates a commitment to protecting privacy and minimizes the risk of legal consequences.

It is important to note that simply displaying a cookie banner does not automatically guarantee GDPR compliance. The design and functionality of the banner, as well as the way consent is obtained and managed, are critical to compliance with legal requirements.

Companies must ensure that their approach to obtaining and managing consent meets the strict requirements of the GDPR, including the ability for users to withdraw their consent.

GDPR-compliant cookie banners with CCM19

CCM19 is your ideal partner for maximum GDPR compliance! In times when the protection of personal data is very important, CCM19 offers you the perfect solution to make your website not only legally compliant but also user-friendly.

Maximum data protection compliance with minimum effort:

CCM19 is more than just a cookie banner; it's a comprehensive tool specifically designed to make your website GDPR compliant with minimal effort. Forget the hours of research and complex implementations - CCM19 makes it easy.

User-friendliness that inspires:

We believe that data protection should not come at the expense of user experience. That's why CCM19 was developed with your visitors in mind. A clear, appealing and customizable design and intuitive controls make it easy for your users to manage their privacy settings. This in turn increases acceptance and trust in your website.

Customization that reflects your brand:

Every brand is unique, and your cookie banner should be too. With CCM19, you can customize colors, fonts and messaging to ensure the banner fits seamlessly into your website design and reinforces your brand identity.

Transparent communication for trustful interaction:

CCM19 helps you to communicate transparently about the use of cookies and tracking technologies. This not only promotes the trust of your users, but also ensures that you meet the strict requirements of the GDPR.

Future-proof through regular updates:

Data protection is subject to constant change. Regular updates ensure that your cookie banner always meets the latest legal requirements. With CCM19, you are not only on the safe side today, but also in the future.

Efficient data management and analysis:

CCM19 gives you detailed insights into your users' preferences. This enables you to manage consent efficiently and at the same time ensures that you only collect the data that is really needed. This allows you to act in compliance with data protection regulations and at the same time gain valuable insights for the usability of your website.

Take the first step towards GDPR compliance for your website now with CCM19. Trust in a solution that takes data protection seriously. With CCM19 as your Cookie Consent Manager, you can safely navigate the requirements of the GDPR while respecting your users and their data.