GDPR Compliance Checklist for SaaS Companies

Execute written DPAs with all customers acting as controllers, specifying processing purposes, data types, duration, obligations, and security measures. DPAs must meet Article 28 requirements and be in place before processing begins.

Maintain a current list of all sub-processors, obtain customer consent (general or specific authorization), and ensure sub-processors are bound by equivalent GDPR obligations through written contracts.

Implement EU Commission-approved SCCs for any transfers of personal data outside the EEA, using the appropriate module (controller-to-processor, processor-to-processor, etc.) adopted in June 2021.

Perform and document TIAs for international data transfers to assess if destination country laws impair SCC protections, considering government access laws and supplementary measures needed.

Integrate data protection into system architecture from the outset, implementing technical measures like pseudonymization, encryption, and data minimization by default in all product features.

Perform DPIAs before processing operations likely to result in high risk to individuals' rights, including large-scale processing, automated decision-making, or systematic monitoring. Document findings and mitigation measures.

Implement processes to detect, investigate, and report personal data breaches to supervisory authorities within 72 hours and to affected individuals without undue delay when high risk exists.

Document the lawful basis (consent, contract, legitimate interest, legal obligation, vital interest, or public task) for each processing activity and ensure processing aligns with stated purposes.

Create and maintain comprehensive records documenting processing purposes, data categories, recipients, retention periods, security measures, and international transfers for all processing activities.

Assess whether your processing activities require a Data Protection Officer (large-scale monitoring or special category data processing) and appoint a qualified DPO with appropriate resources and independence.

Establish procedures to respond to data subject access requests within one month, providing copies of personal data, processing information, and verification of requester identity.

Build functionality and processes allowing individuals to correct inaccurate data and request deletion (right to be forgotten) when processing is no longer necessary or consent is withdrawn.

Provide mechanisms for data subjects to receive their personal data in a structured, commonly used, machine-readable format and transmit it to another controller where technically feasible.

Collect and process only personal data that is adequate, relevant, and limited to what is necessary for specified purposes. Regularly review data collection practices and remove unnecessary fields.

Define and document retention periods for each data category based on legal requirements and business necessity. Implement automated deletion processes to ensure data is not kept longer than needed.

Deploy appropriate technical safeguards including encryption at rest and in transit, access controls, pseudonymization, regular security testing, and incident response capabilities to ensure data security.

Where consent is the lawful basis, implement systems to obtain, record, and manage freely given, specific, informed, and unambiguous consent with easy withdrawal mechanisms.