Common GDPR Mistakes Websites Make (And How to Fix Them)

In today’s digital landscape, data privacy isn’t just a good practice—it’s the law. The General Data Protection Regulation (GDPR) has fundamentally changed how businesses approach data collection and processing, particularly for those operating in or serving customers in the European Union.

Yet despite the regulation being in effect since 2018, many websites still struggle with compliance, often unknowingly violating key provisions that could lead to significant penalties.

The Cost of Non-Compliance

GDPR violations can be extremely costly, with fines reaching up to €20 million or 4% of annual global turnover—whichever is higher. Beyond financial penalties, non-compliance damages consumer trust and brand reputation.

Major companies like Google, Meta, and Amazon have already faced fines in the hundreds of millions of euros. But small and medium-sized businesses aren’t exempt—they’re often held to the same standards with fewer resources to ensure compliance.

Let’s explore the most common GDPR mistakes websites make and practical solutions to fix them.

1. Unauthorized Data Transfer Outside the EU

Data leaving the European Union without proper safeguards is one of the most frequent and serious GDPR violations.

The Legal Problem

One of the most significant GDPR compliance issues—and often the most overlooked—involves the transfer of EU residents’ personal data outside the European Economic Area (EEA).

Recent court rulings have heightened scrutiny on this practice. German courts ruled that merely embedding Google Fonts violates GDPR because it transfers IP addresses to U.S. servers. Similarly, Austrian and French courts determined that transferring IP information outside the EU constitutes a GDPR breach.

Common Scenarios

Many websites inadvertently transfer data outside the EU through:

• Using CDNs (Content Delivery Networks) hosted outside the EEA
• Embedding third-party content like Google Fonts, YouTube videos, or social media widgets
• Implementing analytics tools that process data on non-EU servers
• Using CMS plugins that connect to external services

The Solution

1. Conduct a transfer audit: Use tools like Violating GDPR to scan your website for elements that might transfer data outside the EU.
2. Self-host essential resources: Instead of loading fonts, scripts, or images from external CDNs, download and host them on your own EU-based servers.
3. Use EU-based alternatives: Many popular services now offer EU-hosted versions or alternatives that keep data within the region.
4. Implement proper data transfer mechanisms: If transfers outside the EU are necessary, ensure you have appropriate safeguards in place, such as Standard Contractual Clauses (SCCs) or ensuring the recipient is part of the EU-US Data Privacy Framework.

2. Inadequate Cookie Consent Mechanisms

Many websites implement cookie banners that don’t actually comply with GDPR requirements for valid consent.

The Legal Problem

Many websites implement cookie consent banners that don’t actually provide users with meaningful choice, using pre-checked boxes or making it difficult to refuse non-essential cookies.

Common Scenarios

• Cookie banners that only have an “Accept” button
• Pre-checked boxes for optional cookies
• Making the “Accept All” option prominent while hiding the “Reject” or “Settings” options
• Implementing “cookie walls” that prevent access unless all cookies are accepted
• Using dark patterns to nudge users toward accepting cookies

The Solution

1. Implement proper consent mechanisms: Ensure your cookie banner clearly explains what cookies do and gives users equal opportunity to accept or reject non-essential cookies.
2. Default to privacy: Cookie settings should default to the privacy-friendly option (no pre-checked boxes for optional cookies).
3. Make rejection easy: The option to reject non-essential cookies should be as prominent and easy to use as the option to accept them.
4. Classify cookies correctly: Categorize cookies properly as “strictly necessary,” “functional,” “analytical,” or “marketing” to allow users to make informed choices.
5. Document consent: Keep records of when and how users provided their consent.

3. Vague or Hard-to-Find Privacy Policies

Transparency is a core GDPR principle, yet many websites bury their privacy policies or fill them with incomprehensible legalese.

The Legal Problem

GDPR requires transparency about data collection and processing. Generic, jargon-filled privacy policies tucked away in the footer don’t meet this standard.

Common Scenarios

• Using template privacy policies without customization
• Hiding privacy policies deep within the website
• Writing policies in complex legal language the average user can’t understand
• Failing to update policies when data practices change
• Not translating policies for users in different EU countries

The Solution

1. Write clearly: Create a privacy policy in plain language that clearly explains what data you collect and why.
2. Make it accessible: Ensure your privacy policy is easy to find from any page on your website.
3. Be specific: Include details about the types of data you collect, how long you store it, who you share it with, and the legal basis for processing.
4. Keep it updated: Review and update your privacy policy whenever your data practices change.
5. Localize when necessary: Provide translations for users in countries where you actively market your services.

4. Lack of Data Subject Rights Implementation

GDPR grants individuals powerful rights over their personal data, yet many websites fail to provide mechanisms for users to exercise these rights.

The Legal Problem

GDPR grants individuals specific rights regarding their personal data, including access, rectification, erasure, and data portability. Many websites fail to implement mechanisms to honor these rights.

Common Scenarios

• No clear process for handling data subject requests
• Inability to export user data in a machine-readable format
• No system to completely delete user data when requested
• Excessive verification requirements that hinder rights exercise
• Not responding to requests within the required one-month timeframe

The Solution

1. Create a process: Develop a clear procedure for handling data subject requests, including verification methods, response templates, and timelines.
2. Implement technical solutions: Ensure your systems can export user data in common formats and completely delete user records when required.
3. Train your team: Make sure staff understand data subject rights and how to handle requests.
4. Document everything: Keep records of all requests and your responses.
5. Make it easy to submit requests: Provide a straightforward way for users to exercise their rights, such as a form or dedicated email address.

5. Insufficient Data Security Measures

Protecting personal data from breaches and unauthorized access is a fundamental GDPR requirement, yet security measures are often inadequate.

The Legal Problem

GDPR requires appropriate technical and organizational measures to protect personal data. Security breaches can lead to severe penalties, especially if adequate safeguards weren’t in place.

Common Scenarios

• Using outdated software with known vulnerabilities
• Not implementing HTTPS across the entire website
• Storing passwords in plaintext or with weak encryption
• Lacking access controls for employee accounts
• Not having a data breach response plan
• Collecting more data than necessary, increasing breach impact

The Solution

1. Implement HTTPS: Ensure your entire website uses secure connections.
2. Keep software updated: Regularly update your CMS, plugins, and all software components.
3. Practice data minimization: Only collect and store the data you actually need.
4. Use strong encryption: Encrypt sensitive data both in transit and at rest.
5. Implement access controls: Limit employee access to personal data based on necessity.
6. Create a breach response plan: Develop and test procedures for detecting, reporting, and responding to data breaches.
7. Conduct security audits: Regularly test your systems for vulnerabilities.

6. Unclear or Invalid Legal Basis for Processing

Every piece of personal data your website processes must have a valid legal justification under GDPR, yet many organizations fail to properly establish and document this.

The Legal Problem

GDPR requires a valid legal basis for processing personal data, such as consent, contractual necessity, legitimate interests, or legal obligation. Many websites process data without establishing and documenting this legal basis.

Common Scenarios

• Relying on legitimate interest without conducting proper balancing tests
• Using consent for processing that’s actually necessary for contract fulfillment
• Not obtaining fresh consent when the purpose of processing changes
• Bundling consent for multiple unrelated purposes
• Assuming newsletter opt-ins automatically permit marketing via other channels

The Solution

1. Audit your data processing: For each type of data processing, identify and document which legal basis applies.
2. Conduct legitimate interest assessments: If relying on legitimate interests, document your assessment of why your interests outweigh user privacy rights.
3. Separate consent by purpose: When using consent as your legal basis, obtain it separately for different purposes.
4. Review regularly: As your business evolves, reassess whether your legal basis for processing remains valid.
5. Be transparent: Clearly communicate to users the legal basis for processing their data.

7. Not Integrating Privacy by Design

Privacy considerations should be built into every aspect of your website’s development, not added as an afterthought.

The Legal Problem

GDPR promotes “privacy by design and by default”—considering data protection from the beginning of project planning rather than as an afterthought.

Common Scenarios

• Adding privacy features after a product or feature is developed
• Collecting data “just in case” it might be useful later
• Setting privacy-invasive defaults that users have to opt out of
• Not conducting Data Protection Impact Assessments (DPIAs) for high-risk processing
• Failing to document privacy considerations in development processes

The Solution

1. Implement privacy by design principles: Consider data protection during the initial planning stages of any new feature or product.
2. Default to privacy: Configure systems to collect and share the minimum necessary data by default.
3. Conduct DPIAs: For any high-risk processing, conduct and document a thorough impact assessment.
4. Train developers: Ensure your development team understands privacy principles and how to implement them.
5. Document decisions: Keep records of privacy-related decisions made during product development.

8. Overlooking Third-Party Processors

You remain legally responsible for personal data even when third-party services process it on your behalf, making vendor management crucial for GDPR compliance.

The Legal Problem

As a data controller, you’re responsible for ensuring that any third parties processing data on your behalf (data processors) comply with GDPR.

Common Scenarios

• Not having Data Processing Agreements (DPAs) with service providers
• Failing to vet third-party plugins or tools for GDPR compliance
• Not maintaining an inventory of processors with access to user data
• Using processors without appropriate data transfer mechanisms
• Allowing processors to subcontract without oversight

The Solution

1. Inventory your processors: Create and maintain a list of all third parties that process data on your behalf.
2. Implement DPAs: Ensure you have appropriate agreements in place with all processors.
3. Vet before implementing: Before adding new tools or services, assess their GDPR compliance.
4. Regularly review: Periodically review your processors’ practices and compliance status.
5. Check for unauthorized transfers: Use tools like Violating GDPR to identify if your third-party integrations are transferring data outside the EU.

Staying Compliant in a Changing Landscape

GDPR compliance isn’t a one-time task but an ongoing commitment. As technologies evolve and interpretations of the regulation develop through court cases and regulatory guidance, your approach to compliance must adapt.

Here are some forward-looking practices to stay ahead:

Regular Compliance Audits

Schedule periodic reviews of your website’s GDPR compliance, particularly after major updates or when adding new functionality. Our free GDPR compliance checker can help you quickly identify if your website is transferring data outside the EU—one of the most common compliance issues.

Stay Informed

Follow updates from data protection authorities and relevant court cases. What was compliant yesterday might not be tomorrow, as we’ve seen with international data transfers.

Appoint Responsibility

Designate someone in your organization responsible for data protection compliance, even if you’re not required to have a formal Data Protection Officer (DPO).

Document Everything

Maintain detailed records of your compliance efforts, including the rationale behind decisions. This documentation can be crucial if you ever face regulatory scrutiny.

Conclusion

GDPR compliance might seem overwhelming, but breaking it down into manageable components makes it more approachable. By addressing these common mistakes, you’ll not only reduce your risk of penalties but also build trust with your users by demonstrating your commitment to protecting their privacy.

Remember that compliance isn’t just about avoiding fines—it’s about respecting user rights and building a sustainable digital business in an increasingly privacy-conscious world.

To check if your website might be violating GDPR by transferring data outside the EU, try our free compliance checker tool. It quickly scans your website for elements that might be sending EU users’ data to non-EU servers—one of the most common yet overlooked GDPR violations.

And if you need more comprehensive assistance with your website’s compliance, contact us to learn how our WordPress expertise can help you build a GDPR-compliant digital presence.