What if my forms are not GDPR Compliant?

But what if your forms aren't GDPR-compliant? Uh oh.

Well let’s not waste time and get right to the risks and penalties associated with non-compliant forms before it’s too late. Don’t worry, we also have for you the steps you can take to ensure that your forms meet the necessary standards from now on!

Understanding GDPR Compliance for Forms

Before diving into the risks and consequences, let’s define what a **GDPR compliance form** entails. A GDPR compliant form collects, stores, and processes personal data in a way that aligns with the General Data Protection Regulation.

GDPR-compliant forms require explicit consent, clear privacy policies, robust data security, user control over their data, and proper accountability through documentation, ensuring transparency, protection, and adherence to regulatory standards. Incorporating these elements minimizes risks, builds trust, and demonstrates your commitment to ethical data practices.

GDPR Compliance Breach Checklist

Use this checklist to identify potential breaches in GDPR compliance for your forms.

Explicit Consent

• Are users required to take clear, affirmative action to give consent (eg. no pre-checked boxes)?
• Is the purpose of data collection specified clearly for each consent request?
• Can users easily withdraw their consent through accessible options (eg. manage preferences or unsubscribe)?

Clear Privacy Policies

• Is the purpose of data collection explicitly stated in the privacy policy?
• Are users informed if their data will be shared with third parties and for what purposes?
• Does the privacy policy explain user rights, such as accessing, correcting, or deleting their data?
• Is contact information for questions or concerns about data privacy provided (eg. email or Data Protection Officer details)?

Data Security

• Are forms and data transmissions secured using SSL/TLS encryption?
• Is data stored securely with access controls and encryption measures?
• Are you collecting only the minimum data necessary for the stated purpose?
• Do you have a process in place for detecting, reporting, and addressing data breaches within 72 hours?

User Control and Data Ownership

• Can users easily access the data you have collected about them?
• Are there mechanisms to allow users to update or correct inaccuracies in their data?
• Is it easy for users to request data deletion or exercise "the right to be forgotten"?

Accountability and Documentation

• Are records of user consent (eg., timestamps, consent forms) documented and stored securely?
• Is your privacy policy regularly updated and documented?
• Do third-party tools or services you use comply with GDPR regulations?
• Do you maintain logs or records of data processing activities?

If any item is unchecked, it could indicate a potential breach or gap in your GDPR compliance.

Risks of Non-GDPR-Compliant Forms

If your forms aren’t GDPR-compliant, the risks can be severe. Below are some of the potential consequences:

• Financial Penalties: GDPR violations can lead to hefty fines. These fines can reach up to 20 million euros or 4% of your global turnover - whichever is higher. If you are processing large amounts of personal data, this could be a humongous number.
• Loss of Customer Trust: Data protection is a key concern for users today. If your forms don’t follow GDPR standards, customers may feel that their personal information isn’t safe with you.
• Legal Action: Non-compliant forms open the door to legal action from both individuals whose data has been mishandled and regulatory bodies. Not meeting the GDPR standard exposes your business to the risk of lawsuits.

What Happens with Non-Compliant Forms Under GDPR?

You might be wondering, what happens when authorities discover that your forms are not GDPR compliant?

First, the Data Protection Authorities (DPAs) may issue a warning or impose corrective measures. However, if the issues persist, penalties can range from temporary suspensions of data processing activities to permanent bans in severe cases.

It’s also important to note that a failure to implement proper data processing agreements with third parties can increase your liability if you rely on external services like non compliant form builders to handle personal data collected via your forms.

The risks of non GDPR compliant forms aren't limited to direct penalties; they can also extend to your relationships with vendors and business partners.

How to Fix Non-GDPR-Compliant Forms

If you’ve discovered that your forms are not GDPR-compliant, there are several steps you can take to rectify the situation:

• Conduct an Audit: Review your current forms to assess their compliance with GDPR. Make sure they include necessary elements such as user consent, data protection notices, and clear opt-in and opt-out mechanisms.
• Update Your Forms: Ensure that your forms ask for explicit consent before collecting any personal data. Include a clear and accessible privacy policy, and allow users to understand how their data will be processed and stored.
• Implement Data Security Measures: Use encryption, secure storage systems, and other best practices to protect personal data. Make sure that you can respond quickly to data breaches should they occur.
• Use GDPR-Compliant Tools: Leverage tools and platforms that are GDPR-compliant. Many online form builders like MakeForms now offer built-in GDPR features to help streamline compliance.
• Train Your Team: Make sure that everyone involved in data collection and processing understands the importance of GDPR compliance and follows the right procedures.

Get Fixing and Compliant Now!

If your forms aren’t GDPR compliant, the risks can be far reaching, with consequences ranging from severe financial penalties to great damage to your brand’s reputation. Prioritize understanding and adhering to GDPR compliance standards to update and fix your forms now!