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Even as a self-employed professional, you must comply with the GDPR as soon as you process personal data — and you do so sooner than you think. You have, among other things, a legal basis, a privacy statement, and an accountability obligation. In the event of a violation, you risk hefty fines.
Self-employed professionals are also subject to the GDPR
The GDPR does not only apply to large companies. If, as a self-employed professional, you process names, addresses, email addresses, or other data of customers or business contacts, you too must comply with the privacy rules. Personal data is a broad concept, so you may be involved sooner than you might think.
What do you need to arrange?
Determine a legal basis for each processing activity (Article 6 GDPR), inform data subjects with a privacy statement, process no more data than necessary, secure it appropriately, and retain it no longer than necessary. If you engage others to process data on your behalf, you must enter into a data processing agreement.
The accountability obligation
You must not only comply with the GDPR but also be able to demonstrate this (the accountability principle, Article 5(2) GDPR). Therefore, keep records of which data you process, why, and how you protect it. In the event of an audit or complaint, this serves as your proof.
Risk upon violation
The Dutch Data Protection Authority can impose heavy fines for violations, which can amount to a significant percentage of annual turnover. Moreover, for a self-employed professional, a fine or a data breach can mean major reputational damage. Prevention is cheaper than cure.
Frequently Asked Questions
Does the GDPR really apply to me as a freelancer too?
Yes, as soon as you process personal data. The size of your company does not matter in this regard.
What is accountability?
The obligation to be able to demonstrate compliance with the GDPR (Article 5, paragraph 2 GDPR): document what you process, why, and how you secure it.
Do I need a privacy statement?
If you process personal data, yes. Clearly inform data subjects about what you do with their data.
Becoming GDPR-compliant as a freelancer?
Our legal experts draft your privacy statement and perform a privacy scan. View our privacyteam or schedule a free consultation.
