GDPR Countries: 10 Regions Enforcing The Strictest Data Protection Laws

If GDPR were a marathon, the track would have stretched across continents with steep compliance hurdles and tight regulatory turns. Designed to protect the privacy of EU residents, its reach extends far beyond the European territories. Moreover, many EU countries have integrated GDPR into their national law, reinforcing its impact. This blog gives you a full spin on the GDPR countries and the toughest enforcers.

The term GDPR countries typically refers to the European Union and EEA members that have adopted the General Data Protection Regulation. It also includes non-EU countries that have adopted strict data privacy laws that align with GDPR (GDPR adequacy).

Businesses outside or within the EU that have customers from or target the European market must know the GDPR countries and strict enforcers of the law. This helps them prioritise and allocate resources for compliance and minimise the risks of huge penalties that could break their banks.

EU GDPR Countries

At present, there are 27 EU countries which are listed below.

Non-GDPR countries in Europe

These are the non-EU member states to which GDPR is not directly applicable yet such as Albania, Russia, Turkey, Georgia, Serbia, Ukraine, Belarus, Bosnia, Kosovo, Moldova, North Macedonia, and Montenegro.

However, note that some of these countries are candidates for EU membership, and might become GDPR countries in the future.

EEA Countries

The EEA consists of the 27 European Union member states, along with Norway, Liechtenstein, and Iceland, which were united by the Agreement on the European Economic Area, creating a single market. Switzerland, while closely associated through bilateral agreements, is not a part of the EEA.

GDPR adequacy countries

Data protection under GDPR is mandatory both in transit and at rest. Adequacy decision simplifies international transfers of personal data while maintaining high privacy standards, and fostering trust and compliance in cross-border data flows.

The GDPR adequacy decision is granted to non-EU/EEA countries deemed to protect personal data equivalent to that of the EU. EU businesses can transfer personal data to these countries without any additional contractual set-up like the Standard Contractual Clause (SCC).

The global nature of the internet or data transfers underscores GDPR’s relevance for businesses operating outside the EU but serving its residents. In addition, numerous countries have begun adopting privacy regulations to align with GDPR requirements and facilitate seamless cross-border data transfers. Let us discuss this in more detail.

GDPR’s impact on non-EU countries

Since GDPR’s reach transcends geographical boundaries, any business handling European personal data must observe EU GDPR regardless of their location.

The impact of GDPR is so profound that many non-EU countries, including California, Brazil, India, and Australia, have enacted new privacy regulations or strengthened their existing ones.

Furthermore, businesses are now issuing privacy policies and integrating GDPR tools such as Consent Management Platforms and data mapping applications, irrespective of their location. 

This allows them to stand out in the market by building strong customer trust and a solid reputation.

Countries with GDPR-like laws

Brazil LGPD

The Lei Geral de Proteção de Dados enacted by Brazil was implemented in 2020. The law covers organisations in Brazil or those collecting personal data from Brazil. It enforces responsibilities on businesses and grants rights to individuals.

India DPDPA

India, one of the fastest-growing economies in the world enacted the Digital Personal Data Protection Act in 2023. While it resembles the GDPR provisions, it has not yet come into effect and includes some region-specific variations.

California CCPA

The California Consumer Privacy Act, implemented in 2020, protects the personal data of California residents. While there are some unique distinctions such as opt-out, the CCPA includes provisions similar to the GDPR and has an extraterritorial scope.

Differences in enforcement across countries stem from various factors such as the priorities and resources of enforcement agencies, the presence of multi-national countries, the volume of data processing activities involving its residents, cultural attitudes towards privacy protection, and the efficacy of the Data Protection Authorities (DPAs).

Understanding the top enforcers of GDPR helps businesses prioritise and allocate their resources accordingly. It also provides insights into enforcement trends of the regions where they operate. 

#1 Spain

Spain is the top enforcer of GDPR with a total of 899 fines issued since the law’s implementation. However, when it comes to the sum of fines, it comes sixth after Ireland, Luxembourg, France, Netherlands, and Italy. 

The total fines imposed by the Spanish Data Protection Agency (AEPD) amount to over 82 million euros.

Trends show that the Spanish DPA has focused on personal data breaches, the financial sector, data subject rights, telecommunications and the Internet.

The largest fine recorded so far was 10 million euros on Google LLC for unlawful data transfers and preventing data subjects from exercising their rights.

The findings indicate that the AEPD’s focus isn’t solely on large global enterprises; instead, it emphasises the need for all sectors of businesses to implement necessary precautions. 

#2 Italy

So far, Italy has enforced 389 GDPR violations with total fines exceeding 237 million euros.

The Italian DPA mainly focuses on GDPR requirements such as legal bases of processing and data protection principles. Monitoring the proper implementation and use of cookie banners is also a key area the agency focuses on.

The DPA recently fined Enel Energia a sum of 79.1 million euros for not complying with the security obligations under GDPR. This is also the highest fine issued by the authority.

#3 Luxembourg

Although Luxembourg has only issued 32 fines to date, the total amount exceeds the combined totals of the top two countries that are most active in enforcing penalties.

The largest fine imposed by the Luxembourg DPA (CNPD) amounts to 746 million euros on Amazon for non-compliance with data processing principles. 

Insights show that the CNPD primarily concentrates on the principles of GDPR, the appointment of Data Protection Officers (DPOs), and issues related to non-compliance with information obligations, such as privacy notices.

#4 Ireland

Ireland ranks first amongst the countries issuing the highest fines, totalling 3.26 billion euros at 29 fines. However, this is just 3% of the total number of enforcement actions carried out by Spain.

Ireland is known for its status as a hub for tech giants like Meta and Google. The highest fine imposed by the Ireland DPA so far amounts to 1.2 billion euros upon Meta for the insufficient legal basis of data processing.

#5 Germany

The German DPA has issued 202 fines amounting to a total of 55.58 million euros. It is the 3rd top country by number of GDPR fines imposed. The enforcement trend is moderately even across different sectors. 

The majority of fines are imposed due to insufficient legal grounds for data processing or a failure to implement necessary organisational and technical security measures.

The highest recorded fine by the German DPA was 35.26 million euros against H&M for unlawfully recording and storing its employees’ private life details.

The agency has also issued penalties for not establishing Data Protection Agreements with processors or for not complying with data breach notification obligations. 

#6 France

In  2023 alone, the French DPA (CNIL) sanctioned 42 GDPR violations. The total sum of fines issued amounts to 371 million euros for 62 violations. 

The highest fine was against Google LLC and Google Ireland Limited totalling 150 million euros for not allowing website users to deny all cookies as easy as accepting them. This indeed acted as a powerful wake-up call for websites relying on cookies without adhering to GDPR consent requirements.

#7 Netherlands

The Netherlands is another top enforcer of GDPR. Based on the actions taken, the main regulatory focus lies on data subject rights, GDPR principles, security measures and the duty to provide data subjects with information on data processing.

The most notable fine imposed was on Uber amounting to 290 million euros for transferring the personal data of EU citizens to the US without proper security measures.

#8 United Kingdom

Even after Brexit, the UK remains a data privacy leader through the UK GDPR and the Data Protection Act. With the EU granting the UK an adequacy decision, it is recognised as a GDPR country with adequate data protection standards. 

The UK DPA has administrated financial penalties of over 75 million euros with 15 fines recorded to date. 

The largest recorded fine totals 22 million euros upon British Airways due to poor security arrangements resulting in a large-scale personal data breach.

#9 Greece

With 34 million euros, Greece ranks among the top GDPR countries that enforce the regulation. 

In 2022, Greece’s DPA fined Clearview AI 20 million euros. The action was taken after discovering that the company did not follow transparency obligations, lacked lawful bases of processing, and restricted data subjects from exercising their GDPR rights.

#10 Sweden

The Swedish Authority of Privacy Protection oversees Sweden’s enforcement of GDPR. 

In 2020, the Swedish DPA fined Google a sum of 5 million euros for non-compliance with its obligations regarding data subject rights. The initial fine was 7 million euros, later reduced to the current recorded fine through an appeal.

Common themes in strict GDPR enforcement

Here are some of the recurring trends in GDPR enforcement.

Surge in penalties for non-compliance

GDPR enforcement between 2018 and 2024 reveals that the number and amount of fines have been on the increase. This means GDPR countries are becoming stricter each year and closely monitoring organisations processing personal data.

Consent, data breaches and transparency as focus areas

The DPAs continue to prioritise critical pillars of GDPR such as legal bases of processing, data processing principles, security requirements to prevent data breaches, and transparency obligations. 

Undoubtedly, consent remains a cornerstone of compliance, especially in this digital environment. Enforcement actions have frequently targeted non-compliances like failure to implement a cookie banner or using manipulative techniques like dark patterns to influence user decisions.

Proactive audits and investigations

Many DPAs conduct audits and investigations even in the absence of formal complaints. This ensures a sweep of compliance across various industries.

Compliance tips for businesses operating in high-enforcement regions 

What are some of the top compliance tips for businesses of various sectors operating in GDPR countries? Let us find out.

Stay informed

Keep yourself updated with the latest privacy news by subscribing to newsletters or similar channels. Following privacy experts and regulatory authorities such as Data Protection Authorities or the European Data Protection Board is also a great practice. Remember that learning is a continuous process and requires your time and attention to stay ahead of the ever-evolving privacy legal landscape.

Implement a strong governance framework

Adopt comprehensive policies that implement GDPR principles in every step of your data processing activities. Start by identifying the personal data your organisation possesses. By integrating data mapping and data discovery tools, you can bypass the complicated procedures of going through your data manually. 

Determine why the data is being stored and processed. Consequently, remove any unwanted or incorrect data from your database. Record proof of consent if it is the legal basis of processing. Similarly, document your GDPR compliance efforts, especially if you have 250+ employees.

Furthermore, implement string security safeguards to protect the integrity and confidentiality of your customer’s personal data. 

Consent management 

Since more and more businesses are being fined for their non-compliance with GDPR consent requirements, businesses must reassessit is crucial for businesses to reassess their consent management strategies.

Integrate consent management platforms like CookieYes for your website. This way, you can make sure that your websites will not be a breeding ground for non-compliance fines when it comes to cookie consent. With CookieYes, you can create customisable cookie banners, geo-target Europeans, document user consent and comply with global privacy laws like GDPR.