4 tips for sustaining GDPR compliance

The General Data Protection Regulation (GDPR) came into force in 2016 and was applicable across all EU member states as of 2018. As of 2026, the fundamentals of the GDPR have not changed, but that doesn’t mean you should approach GDPR compliance the same way you did in 2018.

Enforcement intensity and regulatory expectations around international data transfers are now stronger. EU case law has expanded. And the intersection of the GDPR with AI, remote work, and cross-border workforce models adds a new dimension to GDPR compliance.

How should organizations approach GDPR compliance in 2026?

Four tips for sustaining GDPR compliance

In 2019, we published the following tips for organizations that must comply with the GDPR, and these tips remain relevant today.

1. Ensure “privacy by design” is a foundational consideration.

Every new project or initiative you take on will likely have repercussions on your privacy policies and compliance, especially if user data or data involving people is involved. With each new initiative, it’s important to perform privacy impact assessments. And as your company’s overall strategy evolves, so must your privacy strategy. This means reviewing your privacy policies at least annually and updating them as appropriate, such as when your company makes substantial changes to how it handles personal data.

2. Maintain records of your processing activities.

Your organization should keep a record of all conducted activities that involve the use of personal data. When there are new projects that involve personal data, there should also be an update to any registers or systems that record your personal data processing activities. Regardless of how often maintenance is carried out, up-to-date records of your processing activities are necessary in the event of an audit by a supervisory authority.

3. Stay on top of your breach reporting process.

Your organization’s role in handling data — either as a data processor or data controller — affects how and when any breaches are to be reported. The key is having clearly defined internal processes in place to ensure that breaches are reported thoroughly and on time. Test your processes, then test them again.

4. Make training — and retraining — your people a priority.

Training is key, and it should include lessons on data security in general and the GDPR in particular. And because threats are always changing, a regular information security training schedule is advised, at least twice a year if possible. Everyone in the organization should be included in training, because keeping your data secure is everyone’s responsibility.

How GDPR compliance for global teams has changed

While the wording of the GDPR has not changed since it went into effect, organizations should be aware of the following risk-related and enforcement differences.

1. Enforcement is no longer theoretical, and fines are larger.

Regulators across the EU are now more coordinated and assertive, and several high-profile enforcement actions have clarified expectations around:

• Lawful basis documentation
• International data transfers
• Vendor oversight
• Data retention discipline
• Security controls

Supervisory authorities, accustomed to investigating consumer-facing breaches, are now more willing to investigate employee complaints as well. Enforcement of employee data privacy rules in the EU is no longer secondary to marketing data issues.

What’s different now:

• Regulators expect documented, operationalized compliance, not policy statements.
• “We are working toward compliance” is not a defensible position.
• Fines are being assessed at enterprise scale, including against global employers.

2. Cross-border data transfers are under deeper scrutiny.

Since 2018, international transfer rules have evolved significantly.

Key developments include:

• The Schrems II ruling invalidated Privacy Shield.
• The EU–US Data Privacy Framework (DPF) was introduced in 2023, but legal challenges remain.
• Regulators increasingly require Transfer Impact Assessments (TIAs) in addition to Standard Contractual Clauses (SCCs).

In 2026, cross-border data transfer compliance requires more than signing updated SCCs. Organizations must now:

• Assess whether the recipient country’s surveillance laws undermine EU data protections.
• Document technical safeguards such as encryption and access restrictions.
• Reevaluate vendor data flows regularly.

For global HR teams using centralized HRIS or payroll systems hosted outside the EU, this is one of the highest-risk areas.

This is materially different from 2018, when many companies relied on Privacy Shield or took a lighter-touch approach to documentation.

3. Remote work has expanded GDPR exposure.

In 2018, remote work across borders was less common. In 2026, distributed workforce models are standard. A single remote employee working from Spain, Germany, or the Netherlands brings your organization fully into GDPR scope.

What organizations should now do differently:

• Map employee locations in real time.
• Align data processing activities with the jurisdiction where employees are physically located.
• Reassess lawful basis and transfer mechanisms when employees relocate.

GDPR compliance for global teams is now directly tied to workforce mobility. HR must coordinate with IT and legal teams to monitor geographic exposure.

4. AI and automated decision-making raise new compliance risk.

One major change since 2018 is the rapid integration of AI tools into HR processes.

The GDPR already contains provisions on automated decision-making and profiling, but regulators are now scrutinizing:

• AI-driven recruitment tools
• Algorithmic performance scoring
• Automated promotion or compensation analysis
• Workforce analytics platforms

In 2026, organizations must:

• Conduct Data Protection Impact Assessments (DPIAs) for AI tools used in HR.
• Ensure transparency around automated decision-making.
• Provide employees with the ability to request human review where required.

Additionally, the EU AI Act, adopted in 2024, now interacts with the GDPR in employment contexts. AI used in hiring and workforce management may be categorized as “high risk,” triggering additional governance requirements.

This was not a practical concern in 2018, but it is now central to HR responsibilities under the GDPR.

5. Vendor oversight expectations are higher.

Regulators now expect organizations to demonstrate active oversight of data processors.

In 2018, executing a data processing agreement (DPA) was often considered sufficient. In 2026, that is the baseline.

Organizations should now:

• Perform documented vendor due diligence.
• Review sub-processor lists.
• Audit vendor security measures periodically.
• Confirm encryption standards.
• Validate breach response protocols.

If a payroll provider or HRIS platform mishandles employee data, regulators will examine whether you exercised appropriate oversight.

This is especially critical for GDPR compliance where it concerns global payroll providers.

6. Data retention and minimization are being enforced more strictly.

Regulators are increasingly targeting excessive data retention.

In the early days, many organizations focused on breach notification and consent language. In 2026, enforcement has broadened to include:

• Retaining candidate CVs indefinitely.
• Keeping inactive employee files without legal justification.
• Storing performance data beyond defined retention periods.

Organizations should now:

• Automate retention rules where possible.
• Conduct periodic deletion audits.
• Align retention schedules with local labor law requirements.

The expectation is active life cycle management of employee data, not passive archiving.

7. Breach notification expectations are more disciplined.

The 72-hour breach notification requirement remains unchanged. What has changed is regulatory sophistication.

Authorities now expect:

• Clear internal escalation paths.
• Documented breach investigation timelines.
• Root cause analysis.
• Evidence of mitigation steps.

What organizations should add to their GDPR strategy in 2026

Considering how GDPR enforcement has changed, here’s what you should now incorporate into your GDPR strategy:

1. Formal transfer impact assessments for all international HR data flows

Not just SCC execution, but documented evaluation of country risk and technical safeguards

2. AI governance controls for HR technologies

DPIAs for automated decision-making tools and documented human oversight processes

3. Active vendor audit programs

Regular review of payroll, HRIS, and benefits vendors for GDPR alignment

4. Automated data retention enforcement

System-level deletion and archiving rules, not manual reminders

5. Workforce location monitoring

Processes to track employee relocations that may alter GDPR exposure

In 2026, “We were still investigating” is unlikely to satisfy regulators if breach notification is delayed. And testing breach response plans is no longer optional. Tabletop exercises should be standard practice.

Regulators now expect operational maturity — not transitional compliance. The wording of the GDPR remains the same as before. But the regulatory environment around it has hardened, and organizations must ensure that the systems and processes they’ve established for compliance are as robust as the EU’s enforcement regime.