Data Protection on Websites: GDPR Compliance Guide
Operating a website that collects user data requires strict adherence to the General Data Protection Regulation (GDPR) and the Estonian Personal Data Protection Act (IKS). Processing personal data is only lawful if it meets the criteria set out in Article 6 of the GDPR.
Core Requirements for Data Collection
- Transparency and Information: You must provide a clear privacy policy explaining the purpose, legal basis, and duration of data processing. Users have the right to be informed.
- Valid Consent: Where consent is the legal basis, it must be freely given, specific, informed, and unambiguous. Pre-ticked boxes are strictly prohibited under GDPR standards.
- Data Minimization: Collect only the data strictly necessary for the intended purpose, as mandated by Article 5(1)(c) of the GDPR.
- Security Measures: Controllers must implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
Cookies and Tracking
In addition to GDPR, the Electronic Communications Act governs the use of cookies. You must obtain active, prior consent for non-essential cookies, such as those used for marketing or analytics. Strictly necessary cookies that enable core website functionality are generally exempt.
Data Subject Rights
Users have the right to access their data, request rectification, erasure (the 'right to be forgotten'), and restriction of processing. Your website must provide a clear mechanism for users to exercise these rights, such as a dedicated contact point.
Non-compliance with data protection regulations can lead to severe administrative fines and reputational damage. If you need a professional assessment of your website's compliance, our legal experts are here to help. Consult the Õigusabi 24 AI assistant now for a personalized analysis of your situation and ensure your business is fully compliant!