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GDPR Compliance

Does GDPR apply to my Georgian business?

Yes, if you offer goods or services to individuals in the EU or monitor their behavior online, GDPR applies to you regardless of your company's location.

Do I need to appoint a Data Protection Officer (DPO)?

Appointment of a DPO is mandatory if your core activities involve regular and systematic monitoring of data subjects on a large scale or processing of sensitive data.

What documents do I need for GDPR compliance?

Key documents include a Privacy Policy, Records of Processing Activities (ROPA), Data Processing Agreements (DPA), and internal data security policies.

Can I store EU user data on servers in Georgia?

Yes, but you must ensure appropriate safeguards are in place, as Georgia is considered a "third country" under GDPR. Standard Contractual Clauses (SCCs) are typically required.

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GDPR (General Data Protection Regulation) Compliance is critical for companies operating in Georgia that target the EU market or process the personal data of EU residents. Although Georgia is not yet an EU member state, the extraterritorial scope of the GDPR means that Georgian businesses are obliged to comply with this regulation under certain conditions. Specifically, if you offer goods or services to individuals in the EU, or monitor their behavior (for example, through cookies or other trackers), you are subject to the strict requirements of the European regulation. Non-compliance with GDPR can lead to colossal fines, which can amount to 4% of a company's global turnover or 20 million euros, potentially devastating for any business.

Many technological startups, travel agencies, outsourcing companies, and e-commerce platforms in Georgia work with European customers. For them, implementing GDPR is not just a legal obligation but a matter of trust and reputation. European partners and investors often require proof of compliance before signing a contract. Legal.ge allows you to connect with qualified lawyers specializing in European data protection law who can help align your business processes with GDPR standards.

What does the GDPR Compliance service cover?

Implementing GDPR is a complex process requiring both legal and technical expertise. Specialists offer the following services:

  • Data Processing Audit (Gap Analysis): Checking existing processes and identifying non-compliances with GDPR requirements.
  • Privacy Policy Development: Drafting transparent and clear documents for websites and applications that meet the requirements of Articles 13 and 14 of the regulation.
  • Consent Management Mechanisms: Setting up cookie banners and marketing consent forms to ensure they are "freely given, specific, informed, and unambiguous."
  • Realization of Data Subject Rights: Implementing procedures to respond to requests for data deletion (Right to be forgotten), portability, and access.
  • DPO (Data Protection Officer) Service: Outsourcing the DPO function or training internal staff if required.
  • Cross-border Transfer Regulation: Preparing Standard Contractual Clauses (SCCs) when transferring data from the EU to Georgia or third countries.
  • Data Protection Impact Assessment (DPIA): Preparing impact assessment documents for high-risk processing activities.

Common Real-World Scenarios

There are several typical scenarios where a Georgian company needs the help of a GDPR specialist:

  • Georgian SaaS Startup: A company has created software and wants to sell it in Germany and France. They need a full compliance package to avoid fines from European regulators.
  • Hospitality and Tourism Sector: A travel agency receives bookings from EU citizens and processes their passport data and credit cards. A high standard of data protection is essential.
  • Outsourcing Services: A Georgian IT or accounting firm serves a European client. The European client demands a guarantee that data is protected by GDPR standards, otherwise, the contract will not be signed.
  • Data Breach: A company lost European user data due to a hacker attack. It is necessary to inform the supervisory authority within 72 hours and minimize the damage.

Legal Framework: GDPR and Georgian Legislation

Although GDPR is an EU legal act, its scope extends to organizations in Georgia targeting the EU market. Additionally, the Law of Georgia on Personal Data Protection (new edition) is harmonized with GDPR in many respects, though significant differences remain. A qualified lawyer knows exactly where the line lies between Georgian legislation and European regulation. For example, data transfer from the EU to Georgia is regulated by Chapter 5 of the GDPR, while transfers from Georgia to other countries are governed by Georgian legislation. Lawyers use the "Constitution of Georgia" and international agreements to ensure the company's full legal protection in both jurisdictions.

Step-by-Step Service Process

  1. Initial Consultation: Analysis of the client's activities to determine if GDPR requirements apply.
  2. Full Audit: Creating a map of data flows (Data Mapping) and assessing risks.
  3. Documentation Preparation: Drafting internal and external policies, consent forms, and agreements.
  4. Technical Implementation: Working with the IT team to implement security measures (encryption, access control).
  5. Training: Training employees on data protection principles.
  6. Monitoring: Periodic checks and DPO services in the long term.

Why choose a specialist on Legal.ge?

GDPR violations can be fatal for a business due to financial and reputational damage. Legal.ge gives you access to the best lawyers in Georgia who hold international certifications (such as CIPP/E, CIPM) and have practical experience in European data protection law. Specialists on the platform will help you not only with formal compliance but also in setting up real business processes, increasing your company's credibility in the eyes of international partners. Find your GDPR consultant on Legal.ge today.

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