Could Your Organisation Survive a GDPR Investigation After a Data Breach?

€1.2 billion. That’s how much European organisations were fined for GDPR violations in 2024 alone, and that number continues to grow each year.

Most of these fines weren’t the result of dramatic cyberattacks or sophisticated hacks, they were the result of everyday compliance failures: missing records, incomplete breach reporting, weak accountability measures, and employees who weren’t fully aware of their responsibilities under the GDPR.

For organisations today, this highlights a stark reality: GDPR compliance isn’t theoretical. It’s tested when something goes wrong, and regulators will judge your organisation not just by what happened, but by how well you can prove compliance.

GDPR Enforcement: A Reality Check

Since the GDPR came into force in 2018, enforcement has been relentless. Across Europe, authorities have issued nearly €7.1billion in fines, with hundreds of breach notifications reported daily. Countries like Germany, France, and the Netherlands alone see tens of thousands of data breach notifications each year, with some reporting increases of 40–60% year-on-year.

These statistics show that data breaches aren’t rare, and neither are compliance failures. Even large, well-resourced companies with robust IT systems have been penalised. The common thread? A lack of accountability, weak documentation, and gaps in staff awareness.

Why Organisations Fail GDPR Compliance

Analysis of GDPR fines reveals a clear pattern: most organisations fail due to process and behaviour issues, not technological incapability. Consider the following breakdown of common failures:

Even small breaches can result in regulatory scrutiny. Regulators don’t just focus on the size or sophistication of a breach; they focus on how organisations respond and whether accountability measures are in place.

Accountability: The Heart of GDPR

GDPR is about accountability. Articles 5 and 24 emphasise that organisations must not only comply with data protection principles but also be able to demonstrate that compliance. This is where many organisations fall short.

A realistic scenario: an employee accidentally emails a customer list to the wrong external recipient. The organisation identifies the mistake internally, but when regulators call, can the company:

• Identify exactly what personal data was involved?
• Show the lawful basis for processing it?
• Demonstrate that the processing was documented in its Record of Processing Activities (RoPA)?
• Evidence that staff had GDPR training and were aware of their responsibilities?
• Show timely internal escalation and proper breach notification to authorities and affected individuals?

Many organisations would struggle to answer “yes” to all of these.

Regulators are increasingly looking for proof of compliance, not just policies on paper.

Data Breaches and Breach Notification

Under GDPR, data breaches must be reported within 72 hours of discovery. Despite this, breach reporting is a frequent source of non-compliance. Organisations often detect incidents but fail to handle them in the right way, resulting in fines or corrective action.

And breach reporting is just one aspect. Employees must also understand the types of incidents that qualify as breaches and their roles in escalating them appropriately. To achieve this, education is critical. Staff awareness can prevent minor incidents from escalating into regulatory fines.

Records of Processing Activities (RoPA): Your Compliance Backbone

RoPA (Article 30) is evidence of accountability. Authorities request RoPA first when investigating breaches and incomplete or outdated records can exacerbate penalties. Training staff to understand how their daily actions feed into organisational records ensures that your company can demonstrate compliance under scrutiny.

Lawful Basis and Employee Awareness

A high number of GDPR fines relate to incorrect or undocumented lawful bases for processing personal data. Employees often assume that consent is always required, or may not know which internal approvals are necessary. Mistakes at this stage can cascade into:

• Marketing campaigns sent without consent or legitimate interest justification
• HR data processed without valid legal grounds
• Vendor data transferred internationally without documented legal basis

Proper GDPR education means employees understand the practical implications of Articles 6 and 9, making mistakes far less likely.

Data Subject Rights: A Compliance Pressure Point

Data subject requests (DSARs) including access, erasure, and restriction rights are an area where organisations frequently fail. Deadlines are tight, and verification processes can be inconsistent. Even missing one deadline can be considered a breach of GDPR. Employees need clear guidance on recognising and responding to these requests, as their actions directly affect compliance and potential enforcement.

Why GDPR Education Matters

Every statistic and enforcement action points to the same conclusion: GDPR compliance is behaviour-driven, not just policy-driven. Policies, IT safeguards, and secure systems are essential, but without trained, aware staff, compliance can’t be proven when it matters most.

Effective GDPR education provides:

• Real-world scenarios: showing how everyday actions can trigger compliance issues
• Practical guidance: teaching employees how to handle breaches, maintain records, and respond to DSARs
• Accountability reinforcement: helping organisations demonstrate evidence of compliance to regulators
• Risk reduction: reducing the likelihood of incidents escalating into regulatory fines

The Bottom Line

Compliance failures are common, costly, and often avoidable. Employees play a pivotal role in preventing, detecting, and responding to incidents, and organisations cannot rely on technology or policies alone.

The question every organisation must ask isn’t, “Do we have GDPR policies?” But rather: “If a data breach happened tomorrow, could we prove compliance?”

GDPR education shouldn’t just treated as a checkbox compliance exercise but evidence of accountability, a critical factor in mitigating risk and protecting your organisations reputation

In an era of active enforcement, it’s the bridge between policy and practice, and the best safeguard against fines, reputational damage, and regulatory scrutiny.

Embedding Accountability: How MetaCompliance Transforms GDPR Training into Everyday Practice

MetaCompliance GDPR education goes beyond theory, embedding GDPR principles into employee decision-making so that compliance becomes part of everyday behaviour.

Through scenario-based learning, role-specific guidance, and real-world examples, employees gain the skills and awareness they need to act compliantly in every decisions, protecting personal data and organisations on the whole.

MetaCompliance is committed to keeping organisations ahead of GDPR compliance. Our GDPR training content is constantly refreshed to address emerging risks, practical compliance challenges, and evolving regulatory expectations.

This month, we’re releasing new modules on breach response best practices, international data transfers, and real-world GDPR accountability scenarios, helping employees make the right decisions when it matters most.

To see how MetaCompliance can support your organisation on its GDPR journey, speak to our team today and explore our full suite of learning solutions designed to turn GDPR compliance from policy into practice.