What’s Required to Store Data Under GDPR

Storing personal data under the General Data Protection Regulation (GDPR) isn’t just about locking it away securely, it’s about ensuring transparency, accountability, and lawful handling throughout the entire lifecycle of the data. Whether you’re a sole trader or an organisation, here’s what’s required:


1. Lawful Basis for Storage

You must have a lawful reason for storing the personal data. Common legal bases include:

  • Consent (the user gave clear permission)
  • Contract (storage is necessary to fulfil a service)
  • Legal obligation (e.g. record-keeping laws)
  • Legitimate interest (if balanced and justified)

Make sure the basis is clearly stated in your Privacy Policy.


2. Data Minimisation

Only store the personal data that is strictly necessary for the stated purpose. Avoid keeping excessive or irrelevant data.

✔️ Example: If you only need a name and email, don’t ask for a home address unless it’s essential.


3. Storage Limitation (Data Retention)

Personal data must not be stored for longer than necessary. You must:

  • Define and document retention periods
  • Delete or anonymise data when no longer needed
  • Inform users how long you intend to store their data

✔️ Tip: Use automatic retention controls to delete data after a set time (e.g. 30, 90, 365 days).


4. Data Security

You are responsible for protecting stored data against:

  • Unauthorised access
  • Accidental loss
  • Destruction or damage

Best practices include:

  • Encrypted storage (especially for sensitive data)
  • Password protection & access controls
  • Secure servers (HTTPS, SSL, firewalls)

5. Access and Control

You must provide tools or processes for users to:

  • Request access to their stored data (Subject Access Request)
  • Correct inaccurate data
  • Request deletion (the “right to be forgotten”)
  • Withdraw consent (if that was the legal basis)

6. Accountability and Documentation

You should keep records of:

  • What data you store
  • Why it is stored
  • Who has access
  • How long it is kept
  • Security measures in place

✔️ Required for audits or if a complaint is raised.


7. Third-party Storage (if applicable)

If you use third-party processors (like hosting providers or email tools):

  • Ensure they are GDPR compliant
  • Have a written Data Processing Agreement (DPA)
  • Confirm where the data is physically stored (e.g. EU/UK servers)

8. User Notification

Be transparent in your Privacy Policy:

  • State what data is stored
  • Explain why and for how long
  • Mention any file uploads and where they are stored
  • Disclose any third-party services involved

9. Secure File Uploads (if using forms)

If users upload files (e.g. ID, documents), you must:

  • Inform them of the purpose of collection
  • Securely store the files (or ensure your provider does)
  • Include file uploads in your Privacy Policy

By following these requirements, you’ll meet your obligations under GDPR and build trust with your users. Storing data responsibly is not just a legal necessity — it’s a professional standard.

Disclaimer

This article is for educational purposes and to give you a better understanding of GDPR law. It does not aim to provide specific legal advice. By using this site, you acknowledge that no solicitor-client relationship exists between you and AI6. We strongly recommend that you seek independent legal advice to address the specific needs of your business.

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