Who Needs to Comply With GDPR?
The General Data Protection Regulation applies to any organization that:
- Is established in the European Union, OR
- Offers goods or services to EU residents, OR
- Monitors the behavior of EU residents
This means a US-based website with EU visitors must comply — even if you have zero physical presence in Europe.
GDPR Website Compliance Checklist
1. Privacy Policy
Your privacy policy must include (under GDPR Article 13/14):
- ✅ Identity and contact details of the data controller (you)
- ✅ Contact details of a Data Protection Officer (if required)
- ✅ Purposes and legal basis for processing (consent, legitimate interest, contract, legal obligation)
- ✅ Categories of personal data collected
- ✅ Recipients or categories of recipients (third-party services you share data with)
- ✅ International transfers and safeguards (if data is transferred outside the EU)
- ✅ Data retention periods
- ✅ User rights: access, rectification, erasure, restriction, portability, objection
- ✅ Right to withdraw consent
- ✅ Right to lodge a complaint with a supervisory authority
- ✅ Whether providing data is a statutory/contractual requirement
2. Cookie Policy and Consent
- ✅ Cookie policy listing all cookies by type
- ✅ Cookie consent banner before non-essential cookies are set
- ✅ Granular consent options (essential, analytics, advertising)
- ✅ Easy opt-out mechanism
- ✅ Consent records stored for compliance evidence
3. Data Subject Rights Mechanism
- ✅ Process for handling data access requests (within 30 days)
- ✅ Process for deletion requests ("right to be forgotten")
- ✅ Process for data portability requests (machine-readable format)
- ✅ Contact email or form for privacy requests
4. Legal Basis Documentation
For each type of data processing, document your legal basis:
- ✅ Consent: recorded with timestamp, IP, and mechanism
- ✅ Legitimate interest: balancing test documented
- ✅ Contract: link to applicable terms
- ✅ Legal obligation: cite applicable law
5. Third-Party Data Processors
- ✅ Data Processing Agreements (DPAs) with all third-party processors (Google, Stripe, Mailchimp, etc.)
- ✅ List of sub-processors disclosed to users
6. Data Breach Procedures
- ✅ Breach detection and response plan
- ✅ Notification to supervisory authority within 72 hours (if breach is likely to affect rights and freedoms)
- ✅ Notification to affected users if high risk
Generate Your GDPR Documents
TermsDock's Privacy Policy Generator and Cookie Policy Generator create GDPR-compliant documents covering all required disclosure categories. For full compliance, supplement with a DPA review from a privacy attorney.