In May 2024, we celebrated the fifth birthday of the UK GDPR. Since then, businesses have been more transparent and accountable, giving individuals more control over their personal data.  

Half a decade may seem like enough time for businesses to move towards compliance with the UK GDPR. With​​ years of experience, a GDPR consultancy may be unnecessary. However, The experts at Data Protection People witness firsthand how challenging this regulation is for businesses and how many struggle to comply with just internal resources. 

In this article, we’ll unravel the challenges of the UK GDPR and find out how your business can become closer to compliance this year.

*Please bear in mind that the data protection landscape is constantly evolving, so there is no set thing as being “GDPR compliant” at all times.

The Risk of Non-compliance

Failure to meet GDPR requirements can damage your business’s reputation, put individuals at risk and lead to serious enforcement actions. The ICO, tasked with overseeing data protection compliance, reprimanded businesses for security incidents, like personal data breaches, which can result in million-pound penalty fines. 

Your business needs the right technical and organisational security measures to protect the personal data you process. If you don’t, personal data breaches will become more common, such as emailing personal data to an incorrect recipient. Such breaches accounted for 17% of reported ICO cases in 2024 (Q3). 

To avoid a hefty fine, you must improve your GDPR compliance. But for many businesses, this is not as straightforward as it sounds. 

What GDPR Challenges Do Businesses Face? 

1. Legal Awareness

Running a business can feel like a compliance minefield. Whether you’re in the heavily regulated healthcare sector or keeping up with the changing field of technology, one thing remains constant – compliance is a never-ending battle. 

The UK GDPR is a complex legal document. You must adhere to several data protection principles, individual privacy rights and other sector requirements. With over 200 pages of legalese, understanding these requirements can seem hopeless. 

Whether it’s down to poor resources or sheer lack of disinterest, being unaware of your GDPR obligations will cost you. This is where a Data Protection Officer (DPO) comes in – they’re your resident GDPR expert. 

2. Understanding When To Use Consent 

The UK GDPR has six lawful bases for processing personal data (Article 6). Out of these bases, businesses often over-rely on consent as organisations believe this is the only lawful ground to process personal data. 

When in fact, consent is arguably the hardest to manage for various reasons, such as data subjects being given the right to withdraw their consent at any time. If an individual withdraws their consent and you still need to process the data, then it is unlikely to be the most appropriate lawful ground for the processing.

Altering a lawful basis once the processing has commenced is incredibly tricky; that is why it is critical to establish the appropriate lawful basis the first time around.

3. Compliance Upkeep 

Any form of compliance requires extensive upkeep. You need to keep up-to-date records, such as a record of processing activities (RoPA) and evidence logs for information rights requests, such as subject access requests (SAR), to ensure you know exactly what is going on inside your organisation. 

If you’re investing in a new project that uses personal data, you may need to complete a data protection impact assessment (DPIA). (Please note: this is only a legal requirement for activities that pose a high risk to an individual’s rights and freedoms.) 

You need great recordkeeping and regular GDPR training to keep your team updated with the latest requirements. We often see businesses take this responsibility in-house, but if you don’t have the resources, it can be tricky to implement and manage.

4. Changes in Technology

Technology is rapidly changing, and with the global emergence of AI, there have been questions about legislation and whether it is appropriate to manage such technology. 

We’ve seen developments in AI regulations, such as the EU AI Act, which will prove essential as businesses develop and integrate AI into their operations. For other technologies like IoT, companies must refer activities back to their accountability obligations. Being accountable will ensure you take the proper steps to keep personal data safe, regardless of the technology used. 

Adopting a ‘Data Protection by Design and by Default’ Approach

Data protection is not a tick-box exercise. To work towards GDPR compliance, consider data protection in everything you do. It should be at the forefront of your mind when conducting business operations, and privacy should be the default setting. This is known as ‘data protection by design and by default’. 

A risk-based approach like this prioritises data protection issues when designing and implementing systems, services, products or practices in your business. This is good practice for every business and will help demonstrate your accountability. 

How Can an Outsourced DPO Help Your Business?

As you can tell, complying with UK data protection law is not an easy task, especially when you’re doing it all in-house. While running a business requires many skills, data protection is not one you achieve in a day. That’s why organisations trust our DPOs to get the job done. 

An outsourced DPO offers impartial data protection support that keeps your business on the right side of the law. DPOs are external to your business, which minimises conflict of interest and keeps them focused solely on data protection. Outsourcing your DPO has many other benefits, which can help eliminate your challenges.   

Our outsourced DPOs will assist with queries regarding subject access requests, support you during a personal data breach, implement GDPR documentation and policies, and identify risks through DPIAs as an ongoing process. 

The UK GDPR requires a lot of time and knowledge. Finding this resource in-house is much harder than you think. While we still recommend having a data champion, outsourcing your requirements to a DPO will ensure you meet your legal obligations.

Get Support from Our Expert Data Protection Officers

Data Protection People offers expert GDPR services to sectors nationwide. From emergency data breach support to outsourced consultancy work, we’re here to help. Our experienced team has helped businesses achieve compliance for the last decade, ensuring peace of mind through tailored packages. 

Contact our team to learn more about which services are right for you.