GDPR penalties: what to expect and how to avoid them

GDPR penalties can reach €20 million or 4% of a company's global turnover.

These penalties apply to companies, local authorities, banks, public organizations, and subcontractors, including those involved in DORA compliance.

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Often, avoidable oversights are to blame :

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• No register
  
• Excessive data collection
  
• Delayed response to requests for rights

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With Adequacy's GDPR compliance software, you can minimize risk.
You save time, organize your approach, and prepare for audits.

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What does the GDPR say about penalties?

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• Administrative fines may be up to €20 million or 4% of global turnover
• Formal notices requiring compliance within a specified timeframe
• Suspension of illegal processing
• Publication of decisions on the CNIL website or that of the competent authority

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These GDPR penalties apply to all organizations, including financial institutions that are subject to banking GDPR or DORA compliance.

Example:

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In 2023, a technology company was fined €1.2 billion for transferring personal data to the United States without a valid legal basis or sufficient oversight.

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This type of breach can affect not only multinationals but also SMEs if there is no register or if standard contractual clauses (SCCs) are neglected.

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Who is affected by GDPR sanctions?

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• All companies, including SMEs, mid-cap companies, and startups
• Banks, insurance companies, and financial institutions
• Local authorities, hospitals, schools, and town halls
• Associations or foundations that collect personal data.
• Subcontractors, including service providers, publishers, and hosting providers, if GDPR contractual clauses are absent or not complied with.

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What mistakes trigger a GDPR penalty?

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The top five frequent breaches are:

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• Missing, incomplete, or outdated processing register
• The legal basis for processing is not defined
• Inconsistent or undocumented retention periods
• Insufficient information is provided to data subjects
• Requests for access, rectification, or erasure are ignored or processed after the deadline

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Key takeaway: collecting personal data without a clear framework can result in penalties, even in the absence of a data breach.

The sectors most affected by GDPR sanctions are tech, healthcare, banking, and local authorities

Key takeaways:

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• Employee surveillance, particularly in simplified procedures, regularly emerges as the most targeted sector (video surveillance, geolocation).
• Commercial prospecting, including emails, cookies, and brokerage, is another frequently sanctioned sector, often due to a lack of consent and failure to provide information.
• Non-cooperation with the CNIL is also a recurring reason for simplified penalties in 2024 and 2025.

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How to avoid a GDPR penalty:

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Simple preventive measures to implement:

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• Keep an up-to-date and accessible record of processing activities
• Conduct PIAs (AIPDs) for all high-risk processing activities
• Respond to requests for rights within 30 days
• Train business teams in compliance
• Secure subcontractor contracts with GDPR clauses

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These actions are also required for financial sector players under DORA compliance.

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How does Adequacy help you avoid GDPR penalties?

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Our GDPR compliance software saves you time and streamlines your processes.

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• It features an automated, collaborative registry that can be exported in one click
• It has integrated alerts and reminders so you never miss a deadline
• Guided PIAs (PIA) that are compliant with CNIL methodology
• Centralized, up-to-date legal documentation
• We provide dedicated support by certified Privacy Officers

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We provide daily support to Data Protection Officers (DPOs), Chief Information Security Officers (CISOs), and lawyers, whether they work in companies, law firms, or local authorities.

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Table of risks and solutions for GDPR penalties

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