Common Problems with GDPR Compliance (& How to Solve Them)

Businesses handling personal data face growing pressure to comply with General Data Protection Regulation (GDPR). 

Yet, navigating GDPR compliance can feel like a maze of legal jargon and technical requirements. 

This article will dive into the most common GDPR challenges businesses encounter and, more importantly, how to solve them effectively. 

At Intelligent Technical Solutions (ITS), we specialize in helping businesses simplify complex IT problems, including achieving and maintaining GDPR compliance. With our expertise in managed IT services and cybersecurity, we provide tailored solutions that protect your data and ensure regulatory adherence. 

By the end of this article, you’ll understand the top GDPR pitfalls and actionable steps to overcome them.  

1. Lack of Understanding About GDPR Requirements 

GDPR’s extensive guidelines can overwhelm businesses, especially small to medium-sized enterprises (SMEs). Many organizations struggle to interpret the regulation and determine how it applies to their operations. 

“Compliance isn’t just about meeting rules — it’s about reducing legal liability,” said Sean Harris, Chief Cybersecurity Risk Officer at ITS. “If a breach happens, the question becomes: Can you show you followed best practices?” 

The Solution: 

Educate your team about GDPR’s key principles: lawfulness, transparency, data minimization, and accountability. Consider conducting regular training sessions to make sure employees understand their responsibilities. 

2. Obtaining and Managing Consent 

GDPR requires explicit, informed consent for collecting and processing personal data. However, businesses often falter in creating compliant consent mechanisms or managing withdrawals. 

The Solution: 

Implement clear and unambiguous consent forms that use plain language. Do not use pre-ticked boxes as they’re not valid forms of consent in the EU. Use tools to track and store consent records efficiently.  

3. Inadequate Data Protection Measures 

A common issue among businesses is insufficient measures to protect personal data. Weak access controls, unencrypted files, or outdated systems leave sensitive data vulnerable to breaches. 

The Solution: 

Adopt multi-layered cybersecurity measures, including data encryption, two-factor authentication, and regular vulnerability scans.  

4. Improper Data Breach Management 

GDPR mandates that data breaches must be reported within 72 hours of discovery. However, many companies lack the processes or tools to detect and respond to breaches promptly. 

“It used to be you could say, ‘We did our best.’ Now, because money is involved—whether from insurance or litigation — people want to see what ‘best’ really means,” said Harris. “They’ll compare your actions against frameworks like GDPR.” 

The Solution: 

Develop a data breach response plan that includes detection, reporting, and mitigation protocols. Conduct mock breach drills to test your response readiness. 

READ: How to Prevent Data Breaches (A Simple Guide) [Updated in 2023] 

5. Unclear Data Subject Rights Handling 

Under GDPR, individuals have rights such as access to their data, rectification, erasure, and portability. Many businesses fail to set up mechanisms to address these requests efficiently. 

The Solution: 

Create a clear process for handling data subject access requests (DSARs). Use software tools to manage and document these requests, ensuring compliance with GDPR timelines.  

6. Overlooked Third-Party Risks 

Working with vendors or third-party providers introduces additional compliance risks, as you are responsible for ensuring their GDPR adherence when processing personal data on your behalf. 

The Solution: 

Perform due diligence on all third-party vendors, ensuring they meet GDPR standards. Create detailed contracts outlining data protection responsibilities.  

7. Inaccurate Record Keeping 

GDPR requires organizations to maintain detailed records of their data processing activities, yet companies often fail to document processes adequately. 

The Solution: 

Maintain a data processing register that includes information on what data is processed, why, and by whom. Regularly update these records to reflect any changes.  

8. Failure to Conduct Data Protection Impact Assessments (DPIAs) 

Organizations often skip Data Protection Impact Assessments when introducing new processes or systems that could affect personal data, leading to non-compliance. 

The Solution: 

Incorporate DPIAs into your project management workflow. Use them to identify risks and mitigation strategies before launching new initiatives. ITS provides expert guidance and tools for conducting effective DPIAs without disrupting your operations. 

9. Ignoring AI-Specific Compliance Risks 

With the EU’s new AI Act taking shape, organizations face added responsibilities when using AI for hiring, credit scoring, or other data-driven tasks. These requirements stack on top of existing GDPR obligations. 

“High-risk AI systems now come with extra rules for transparency, risk management, and data quality controls,” Harris explained. “These will affect any business using AI to process EU citizen data.” 

The Solution: 

If your organization uses AI in decision-making, consult experts to assess whether your systems are considered high-risk under the AI Act.  

Ready to become GDPR compliant? 

“Nobody cares about compliance—until something goes wrong,” said Harris. “At that point, it’s about legal liability. Can you show you did what you were supposed to do?” 

From understanding complex requirements to managing consent, businesses face numerous challenges that can feel insurmountable. 

However, the solutions are within reach. By implementing employee education, robust data protection measures, clear processes for handling data subject rights, and effective breach management plans, you can overcome these hurdles and ensure compliance. 

At ITS, we pride ourselves on being a trusted partner in helping businesses simplify GDPR compliance. Our team combines technical expertise with a deep understanding of regulatory requirements to provide tailored solutions. Whether it’s improving cybersecurity, streamlining data processes, or conducting risk assessments, we’re here to help your organization succeed. 

Schedule a meeting with ITS today and discover how compliance can be stress-free and legally sound. 

MORE RESOURCES: 

• How Much Does GDPR Compliance Cost in 2024? (& Factors That Affect the Price) 
• Can an MSP Help You with Regulatory Compliance? 
• Everything You Need to Know About Managed IT