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Did you know that a simple mistake in your online forms could cost you hefty GDP fines?
Online forms are part of modern business operations, from capturing leads to processing others or collecting customer feedback. However, if these forms do not comply with the General Data Protection Regulation, businesses risk massive fines, legal troubles, and a breach of customer trust.
GDPR is one of the world’s strongest privacy laws set up to give individuals total control over their data, and any organization collecting data for European Union citizens, irrespective of where their businesses are located, must comply with GDPR rules. The penalties for non-compliance are severe potential fines which could be as high as 20 million euros or 4% of the company’s annual global revenue, whichever is higher. So, as a business person, what does this mean for you, especially if you’re using online forms? It means that even the seemingly smallest mistakes, like using pre-checked consent boxes or not providing a clear privacy policy, can put you into serious trouble.
In this guide, we’ll discuss the most popular or common GDPR mistakes businesses make with online forms, some real-world consequences of not complying with the GDPR, and lastly, steps to help you structure your forms and stay compliant.
Many businesses globally have violated GDPR laws either through designed forms or data collection practices. Let’s discuss a few of the most frequent mistakes.
With GDPR, consent must be provided without any form of coercion; therefore, pre-ticked boxes assuming consent instead of allowing users to actively choose to participate in data collection is not GDPRareompliant. A lot of companies have been fined heavily for this.
So how do you fix this use of checkboxes that ensures users have to manually select m when providing a concept?
Wrong:
☑ I agree to receive marketing emails. (Pre-selected—Not allowed!)
Right:
⬜ I agree to receive marketing emails. (User must actively tick the box)
GDPR follows a set of rules, which is p, popularly known as the principle of data minimization. This means you should only collect data strictly for the purpose.
How to fix it: Only collect data that is directly relevant to your form’s purpose. If additional data is optional, clearly mark it as such.
When collecting respondent data, it is important to let them know how the data you are collecting will be used before the submissions. If you do not provide a privacy policy or fail to put it out clearly on how your data will be used. Your form would not be compliant.
How to fix it:
With GDPR, users have the right to withdraw their consent at any time. So if your Form collects marketing preferences or data, but fails to tell users how to opt out later. It means or implies that your form is not compliant.
How do you fix this?
Inform users that they are free to withdraw their consent at any time. That’s not all; make sure you provide an easy way to do that, either via an unsubscribe button or an unsubscribe link in the emails.
Even when your data is collected properly, if you fail to store it properly or secure it, it could be a violation of GDPR laws. So, personal data collected should be encrypted and have restricted access. You should ensure that you follow the best security practices.
How to Fix
Make sure you have SSL encryption for all submissions on your website. Next, restrict access to data and make sure that only authorized personnel have access. Lastly, consistently review data retention policies and remove unnecessary data.
Some businesses have learned the hard way that non-compliance with GDPR can be expensive. Here are some popular cases:
From these three instances, you can see that failure to comply with GDPR can cause serious financial and reputational harm to your business.
If you want to be sure that your online forms comply with GDPR standards. You must follow these steps.
Online forms are important for collecting customer data from sign-ups to purchases or for gathering feedback. However, without proper structure, these forms can expose businesses to legal risks and make them liable under the General Data Protection Regulation. GDPR is a European Union law that makes strict rules for data collection, storage, and processing. It gives individuals more control over their personal information, thus holding businesses accountable for how they use it. Therefore, any organization that collects data for EU resident, irrespective of their location, must adhere to GDPR or face substantial fines.
This guide will discuss the following subtopics:
The General Data Protection Regulation is a data privacy law that became effective in May 2018. The goal is to protect individuals’ data and ensure that organizations handle it properly and responsibly. Personal data includes any information that can identify a person, for instance, their name, email address, phone number, or even IP addresses.
GDPR applies to the following sets of users or people;
For instance, a US company that offers an online course that allows EU users to sign up must comply with data collection practices.
To comply with GDPR, businesses must design forms with privacy and data protection in mind based on five core principles, namely.
Users must collectively agree to data collection. Pre-checked boxes or ambiguous statements do not qualify as valid consent, so be sure to spell it out clearly.
Incorrect:
☑ I agree to receive marketing emails. (Pre-checked box—Not allowed)
Correct:
⬜ I agree to receive marketing emails. (Users must manually check the box to opt in)
Businesses should only collect data for the intended purpose, as asking for excessive information is a breach of GDPR. Remember, the goal is not data scraping but ensuring the data that you collect is directly related to your business requirements.
Incorrect: Requiring a phone number for newsletter sign-ups when only an email address is needed.
Correct: Asking only for essential details, such as a name and email address.
Businesses must clearly state or spell out how they will be using the data collected. This means that the data collected cannot be used for unrelated purposes without additional consent.
Incorrect: Adding users to a marketing email list after they submit a support request, without informing them.
Correct: Informing users: “We will use this information solely to respond to your inquiry.”
Businesses must set up strong security measures to protect the data they have collected from unauthorized breaches, access, or leaks.
Incorrect: Storing form responses in an unprotected database with no encryption.
Correct: Using encrypted storage, secure servers, and access controls to protect user data.
Lastly, users must have the option to access, modify, and delete their data. Therefore, businesses should provide a way for users to withdraw their consent anytime with any time explanation.
Incorrect: Not offering users a way to unsubscribe from emails or request data deletion.
Correct: Provide a clear process for users to manage their data, such as an “unsubscribe” link or a contact email for data removal requests.
Non-compliance with GDPR here can result in dire penalties, and several companies have already faced significant fines for violations:
These cases highlight the financial and reputational risks of failing to comply with GDPR.
A simple mistake can cost heavy GDPR fines, and some businesses have unknowingly violated GDPR laws. Here are the most common GDPR compliance failures on online forms and ways to resolve them.
The Problem:
GDPR demands explicit, informed, and freely given consent from users before collecting personal data, so online forms should not use pre-checked consent boxes that assume that the users agree. Or ambiguous language that does not specify how data will be used and bundled consent, where users agree to multiple terms at once.
Real-World Example:
For example, a newsletter sign-up form that automatically adds users to their marketing list without asking for consent.
You can fix this by using a separate checkbox where users can opt-in.
Clearly state why the data is being collected.
Example of a GDPR-Compliant Consent Box:
☐ “I agree to receive marketing emails from [Company Name].”
The Problem:
GDPR only asks that you collect data for a specific purpose. How many online forms request extra details that are not related to the required purpose? For example, simple feedback from asking for the user’s home address is not necessary for this instance; all that is required is an email address.
To fix this, make sure you only collect data that is necessary for the purpose. Also, clearly label optional fields or additional fields. Carry out regular checks to remove unnecessary fields.
Example:
A newsletter signup form should only ask for an email address, not a phone number or home address.
The Problem:
Users should know, Why it’s being collected and how it will be used. Many forms fail GDPR compliance because they do not spell out a privacy policy, data use, and how data will be processed. For example, a data capture form on a website asks for email details without stating clearly how the details collected or the data collected will be used.
To comply, always provide a clear privacy statement button with a link and state clearly how the data collected will be used.
Example of a GDPR-Compliant Privacy Notice:
“We collect your email to send you updates about our products. View our full privacy policy for details.
The Problem:
With GDPR, users have a right to access, modify, and outrightly delete their data. However, many online forms do not provide a way for users to do things like withdraw their content from marketing emails or request for their data deletion or removal of their account.
Real-World Example:
For example, a customer support associate collects users’ emails without any option to remove the data. To fix this, put a “Manage My Preferences” link in your email letting users know that they can request that their DAO be deleted at any time. To request data deletion through a simple form and provide contact details for privacy-related requests.
Example of a GDPR-Compliant Data Control Option:
“You can unsubscribe anytime by clicking the ‘Manage My Preferences’ link in our emails.”
The Problem:
GDPR makes sure businesses can secure their data against authorized or unauthorized breaches or leaks; however, many companies fail to encrypt their forms or restrict access to data. For example, a company stores data without encryption making it accessible to anyone working in their organization.
To fix this, use SSL encryption for all form submissions. Store personal data in GDPR-compliant cloud servers. Limit data access to authorized personnel only.
Example of Secure Data Handling:
A secure form builder encrypts all data and automatically deletes old submissions after a set period.
The Problem:
Many online forms integrate third parties into their platform but do not disclose them to their users. With GDPR, you are required to inform users which other parties will receive their data and obtain their explicit consent before sharing their data. For example, job application forms collect resumes for a particular role but share this data with external recruitment agencies. To fix this list, all parties that would have access to this data and get explicit consent to share data with them. Enable users to opt out of third-party data sharing and make sure third-party providers are GDPR-compliant.
Example of a GDPR-Compliant Disclosure:
“We use [CRM Tool] to process your data. See their Privacy Policy for details.”
I mean, when you go through all the requirements for GDPR compliance. It can be daunting. However, there’s a simple way to do this: use a privacy-first compliant Formbuilder like Formplus.
Formplus is a self-service online form builder that allows users to collect data in a way that adheres to GDPR in the following ways.
Formplus has a Kanban-style drag-and-drop builder that lets you edit or customize your form extensively. So you can add consent checkboxes to your forms. Include a line to explain the reasons for the data collection and how it will be used. Ensure you have permission from users before their forms are submitted.
Formplus secures your data by encrypting it so it can’t be accessed by unauthorized users. It has a feature that controls who views or manages form responses and secures data storage
Under GDPR, people have the right to control their data. So, Formplus enables you to delete respondent data on request. Allows users to withdraw their consent at will and helps users see the data collected from them where appl,,icable.
With GDPR, users should know who is collecting their data and why. Formplus allows you to add a link to your privacy form, share data usage details, and let users know if any third parties would have access to your data with their express permission.
GDPR does not allow you to keep data longer than necessary, so with Formplus, you can automate data deletion after a certain period and also manually delete data when you no longer need it.
Conclusion
Online forms are a powerful tool for businesses, however, they must be GDPR-compliant to avoid huge fines and legal trouble. By adhering to best practices—like obtaining clear consent, limiting data collection, securing information, and being transparent about data sharing—businesses can protect both themselves and their users.
For businesses that want an easy, automated way to ensure compliance, using a GDPR-compliant form builder is the best solution. Formplus helps you meet GDPR requirements by giving you control over how you collect, use, and protect personal data.
When you use its features properly—like asking for consent, protecting data, and being transparent—you can build trust with users and stay within the law.
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