EU GDPR

European Union (EEA) Privacy

Status

In force since 25 May 2018. Digital Omnibus amendments proposed Nov 2025, not adopted as of Oct 2026.✓Sources: legislation.gov.uk, oeil.europarl.europa.eu, heuking.de

Who it applies to

Any organisation processing personal data in the context of an EU establishment, plus non-EU organisations that offer goods/services to people in the EU or monitor their behaviour there.✓GDPR Art 3(1)–(2) ↗ · Sources: eur-lex.europa.eu, dlapiperdataprotection.com

Size thresholds

None — applies regardless of size. Limited record-keeping relief for organisations under 250 staff (Art 30(5)), lost if processing is risky, not occasional, or includes special-category or criminal data.✓GDPR Art 30(5) ↗ · Sources: eur-lex.europa.eu, scl.org

Regulator

National data protection authorities (DPAs), coordinated by the European Data Protection Board (EDPB)✓GDPR Arts 51, 55–56, 68 ↗ · Sources: edpb.europa.eu, dlapiperdataprotection.com

Breach or incident reporting

Notify the competent supervisory authority without undue delay and within 72 hours of becoming aware, unless the breach is unlikely to result in a risk to individuals (Art 33). If you have an EU main establishment, that is your lead authority; if you have no EU establishment (even with an EU representative), notify the authority of every member state where affected people live (EDPB Guidelines 9/2022, para 73). Tell affected individuals without undue delay if the risk is high (Art 34).✓GDPR Arts 33–34; EDPB Guidelines 9/2022 para 73 ↗ · Sources: edpb.europa.eu, connectontech.bakermckenzie.com

Deadline to answer personal data requests

1 month from receipt; extendable by 2 further months for complex requests if the person is told within the first month. Free of charge unless manifestly unfounded or excessive.✓GDPR Art 12(3), 12(5) ↗ · Sources: eur-lex.europa.eu, dlapiperdataprotection.com

Data protection officer

DPO mandatory for public bodies, and where core activities involve large-scale regular and systematic monitoring, or large-scale processing of special-category or criminal-offence data.✓GDPR Art 37(1) ↗ · Sources: eur-lex.europa.eu, dlapiperdataprotection.com

Local representative

Non-EU controllers/processors caught by Art 3(2) must appoint an EU representative in writing, unless processing is occasional, low-risk and excludes large-scale sensitive data, or they are a public body.✓GDPR Art 27(1)–(2) ↗ · Sources: eur-lex.europa.eu, legislation.gov.uk

Sending data abroad

Transfers outside the EEA need an adequacy decision (e.g. UK, Switzerland, EU-US Data Privacy Framework), or safeguards such as Standard Contractual Clauses or Binding Corporate Rules, or a narrow Art 49 derogation.✓GDPR Arts 44–47, 49; DPF adequacy Implementing Decision (EU) 2023/1795 ↗ · Sources: eur-lex.europa.eu, commission.europa.eu, dlapiperdataprotection.com

Cookies and consent

Cookie/tracker consent is governed by the ePrivacy Directive Art 5(3); where consent is the GDPR legal basis it must be freely given, specific, informed, unambiguous and as easy to withdraw as to give.✓ePrivacy Directive 2002/58/EC Art 5(3); GDPR Arts 4(11), 7 ↗ · Sources: eur-lex.europa.eu, legislation.gov.uk, eur-lex.europa.eu, dlapiperdataprotection.com

Maximum penalty

Up to EUR 20 million or 4% of total worldwide annual turnover, whichever is higher (lower tier: EUR 10 million or 2%).✓GDPR Art 83(4)–(5) ↗ · Sources: legislation.gov.uk, dlapiperdataprotection.com

Facts marked “Being verified” are still being confirmed and are not given as answers.

What you must do✓

• Identify a lawful basis for every processing purpose and record it.
• Publish a clear privacy notice covering purposes, recipients, retention and rights.
• Keep a record of processing activities and sign Art 28 contracts with processors.
• Run a DPIA before high-risk processing such as large-scale profiling or sensitive data.
• Report qualifying breaches within 72 hours (lead authority, or every relevant DPA if you have no EU establishment) and log all breaches.
• Answer access, erasure and other rights requests within one month.
• Put SCCs or another valid mechanism in place before sending data outside the EEA.

Recent changes

Commission's Digital Omnibus (COM(2025) 837, 19 Nov 2025) would raise the breach threshold to high risk, extend the deadline to 96 hours via a single reporting point and refine the personal-data definition. Not adopted: EU governments have not yet agreed the Council's negotiating position (a vote planned for 26 Jun 2026 was cancelled; further votes planned for 7 and 11 Oct 2026 were also called off, with no new date set); Parliament is still at committee stage; trilogues not started as of Oct 2026. Current GDPR rules (72 hours, risk threshold) remain fully applicable.✓

Sources

• Primary source: https://eur-lex.europa.eu/eli/reg/2016/679/oj/eng
• Second source: https://eaccny.com/news/nautadutilh-the-digital-omnibus-what-changed-what-survived-and-what-remains-open/
• Regulator: National data protection authorities (DPAs), coordinated by the European Data Protection Board (EDPB)

✓ = confirmed by two independent sources, at least one official. How we verify

Information only, not legal advice. Laws change; confirm with the regulator or a qualified lawyer before relying on this page. Spotted an error? Email contact@glancedeskjurisdiction.com.