Why Privacy Policies and Terms & Conditions Are Not Enough for GDPR Compliance
Introduction
If your company is based outside the EU or UK but processes personal data of EU/UK residents, you may be legally required to appoint a GDPR representative in the EU or UK. This is one of the most overlooked obligations for non-European businesses.
In this guide, we explain why legal pages alone don’t equal compliance, what’s missing, and how to close the gap.
Why Legal Pages Alone Fall Short
While a privacy policy is required under GDPR (Articles 12-14), it’s only one of many obligations. Having one doesn’t mean you:
- Are collecting valid consent
- Can respond to data subject access requests (DSARs)
- Have data processing agreements (DPAs) in place
- Are managing vendors or international transfers properly
The same goes for terms and conditions—they serve commercial clarity, not data protection.
What Full GDPR Compliance Actually Requires
To comply with the GDPR, you must go beyond your website pages and implement:
✅ Lawful Bases for Processing
You must document the legal basis for each processing activity—consent, contract, legal obligation, legitimate interest, etc.
✅ Valid Consent Mechanisms
Your cookie banner, newsletter opt-ins, and contact forms must be structured to collect freely given, informed, and specific consent.
✅ Internal Policies & Governance
You need internal documentation, such as:
- Data Protection Policy
- Data Breach Response Plan
- Employee privacy and IT usage policies
✅ Processor Contracts & Data Flows
GDPR Article 28 requires Data Processing Agreements (DPAs) with all vendors processing data on your behalf.
✅ DSAR & Data Rights Handling
You must have a clear process and timeline for:
- Data subject access requests
- Rectification, erasure, objection, and portability
✅ DPIAs & Risk Assessments
For high-risk activities (e.g. profiling, biometrics, AI), you must conduct a Data Protection Impact Assessment (DPIA).
✅ How We Can Help You Go Beyond the Basics
At DPO & Privacy Support, we help businesses:
📋 Audit your full compliance posture
👉 Request a GDPR audit →
📄 Draft legally sound privacy policies, notices, and contracts
👉 Get help with your documentation →
📬 Build DSAR and breach response procedures
👉 Train and set up your team →
👤 Appoint a DPO or Representative
👉 Learn about DPO-as-a-Service →
