Who investigates GDPR?

Asked by: Aracely Abshire PhD  |  Last update: April 23, 2026
Score: 4.9/5 (24 votes)

GDPR investigations are primarily handled by independent national Data Protection Authorities (DPAs) in each EU/EEA country, like the UK's Information Commissioner's Office (ICO) or Ireland's Data Protection Commission (DPC), who supervise compliance and handle complaints; for EU institutions, the European Data Protection Supervisor (EDPS) investigates, while the European Data Protection Board (EDPB) coordinates consistency across DPAs.

Who enforces GDPR compliance?

Under the GDPR, enforcement is the responsibility of the national data protection authorities (DPAs). Each EEA country has its own independent data protection authority, which oversees the application of the GDPR, including the handling of complaints.

Who to report GDPR breaches to?

If you think your data has been misused or that the organisation holding it has not kept it secure, you should contact them and tell them. If you're unhappy with their response, you can make a complaint to the Information Commissioner's Office ( ICO ) or get advice from the ICO .

Who audits GDPR compliance?

Performing a GDPR compliance audit

This should be done by a qualified external auditor. During the audit, the auditor will review your data handling practices and systems to identify any risks. They will also develop corrective action plans to address any risks that are identified.

How to report a violation of GDPR?

You can always submit a complaint directly to your local data protection authority (i.e., EU/EEA Member State data protection authority; UK Information Commissioner's Office (ICO) or Gibraltar Regulatory Authority (GRA); or the Swiss Federal Data Protection and Information Commissioner.

GDPR and data privacy | Managing Investigations video series - Episode #7

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What are examples of GDPR violations?

Personal data breach examples

  • Case study 1: Failure to redact personal data. Reporting decision: Notifying the ICO and data subjects. ...
  • Case study 2: Emailing a file in error. ...
  • Case study 3: Working on an unencrypted laptop. ...
  • Case study 4: Sending medication to the wrong patient. ...
  • Case study 5: A phishing attack.

Can I sue for a GDPR breach?

Do I have to go to court to get compensation for a breach of data protection law? The GDPR gives you a right to claim compensation from an organisation if you have suffered damage as a result of it breaking data protection law.

Is GDPR compliance mandatory in the USA?

Yes, the EU's GDPR (General Data Protection Regulation) applies to U.S. companies and organizations if they offer goods or services to, or monitor the behavior of, individuals located in the European Union (EU), even if the company is based in the U.S. and data processing occurs in the U.S. It has extraterritorial scope, meaning it protects EU residents' data wherever the processing happens, requiring U.S. entities to comply with EU data protection standards and grant EU individuals specific rights. 

Who is responsible for GDPR breaches?

The Information Commissioner's Office (ICO) is responsible for enforcing data protection laws and can impose significant penalties on organizations that do not comply with these regulations.

What are the 4 types of audits?

The four common types of audits are Financial, assessing financial statement accuracy; Operational, evaluating efficiency and effectiveness; Compliance, checking adherence to rules; and Internal, reviewing overall controls and processes, often led by internal teams to improve operations and risk management. Other key types include IT Audits, Forensic Audits (for fraud), and external Statutory Audits (mandatory).
 

What qualifies as a GDPR breach?

What is a personal data breach? A personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. This includes breaches that are the result of both accidental and deliberate causes.

What are the three types of data breaches?

There are three kinds of personal data breaches:

  • Confidential breach. Unauthorised or accidental disclosure of, or access to, personal data.
  • Integrity breach. Unauthorised or accidental alteration of personal data.
  • Availability breach. Accidental or unauthorised loss of access to, or destruction of personal data.

What qualifies a data breach as an eligible data breach?

Eligible data breaches in the National Scheme

For a data breach to be eligible, and therefore require notification to our office, it must be: likely to result in serious harm to any individual. that remedial action taken by the organisation has not successfully prevented the likely risk of serious harm.

What is the fine for breach of GDPR?

83(5) GDPR, the fine framework can be up to 20 million euros, or in the case of an undertaking, up to 4 % of their total global turnover of the preceding fiscal year, whichever is higher.

How is the GDPR enforced?

GDPR fines are enforced by the data protection regulator in the EU country where the complaint was lodged (or, in cases that involve cross-border processing of personal data, where the entity under investigation is established).

Who enforces the data privacy Act?

The National Privacy Commission (NPC) enforces the Data Privacy Act, ensuring organisations comply with data protection requirements.

Am I entitled to compensation for a GDPR breach?

The Court noted that Article 82 (1) of the GDPR provides that a person who has suffered material or non-material damage as a result of an infringement of the regulation shall have the right to receive compensation for the damage suffered.

What are some famous GDPR breach examples?

  • Meta's 1.2 billion euro fine: The cross-border data transfer debacle.
  • Google's violation of GDPR's right to be forgotten.
  • Twitter's failure to notify the breach.
  • Cathay Pacific: A wake-up call for the industry.
  • TIM S.P.A – failure to uphold data subjects' rights.
  • Make GDPR compliance easy and your default state with Sprinto.

Which entity helps enforce GDPR?

While businesses must comply with GDPR requirements, enforcement is handled by Supervisory Authorities (SAs) and the European Data Protection Board (EDPB). Understanding who enforces GDPR and what it entails is critical for businesses to ensure GDPR compliance, avoid GDPR fines, and protect data subject rights.

What is GDPR called in the USA?

What is the US equivalent of the GDPR? The US equivalent of the GDPR is the CCPA or California Consumer Privacy Act. It was inspired by the GDPR, and both laws protect the personal data of consumers.

Does GDPR apply to American citizens?

Yes, GDPR applies to U.S. citizens when they are physically located in the European Union (EU) or European Economic Area (EEA) and their personal data is being collected or processed, regardless of their citizenship; it protects them as if they were EU residents in that context, covering tourists, students, or business travelers. Its scope is territorial and depends on location, not nationality, meaning a U.S. citizen in the U.S. has no GDPR protection, while an EU resident in the U.S. also doesn't get GDPR protection. 

What is GDPR vs CCPA?

GDPR requires companies to have legal basis before processing data about residents. CCPA does not. GDPR applies to all businesses that meet the legal basis requirement mentioned above. CCPA applies only to businesses with an annual gross revenue of more than $25 million.

Is it worth suing over a data breach?

Yes, suing over a data breach can be worth it if you suffer actual, documented harm, like identity theft, financial losses (stolen funds, new loans), significant time spent fixing your credit, or severe emotional distress from constant worry, though individual payouts are often modest and often part of larger class-action lawsuits where payouts are smaller but hold companies accountable. The key is proving the company's negligence caused your specific damages, with highly sensitive data (SSNs, medical records) increasing claim value, making it a personal injury case rather than just a privacy violation. 

Is breaking GDPR a criminal offence?

What could happen if I am convicted? As breaching section 170(1) is a criminal offence, your employer or the individuals whose data have been breached may report you to the police. This could lead to you being charged and prosecuted.