In 2026, a staggering number of websites across Europe still fail to meet GDPR requirements. Missing privacy policies, cookies dropped without consent, contact forms with no data processing information — the violations are often basic, but the penalties can reach €300,000 for an SME and up to €20 million or 4% of global annual turnover for larger organisations. If you have a website, you are almost certainly affected.
What Makes a Website Non-Compliant?
A website is considered non-compliant as soon as it collects or processes personal data without meeting GDPR requirements. And personal data collection begins much earlier than most business owners realise.
Your website collects personal data if it:
- Has a contact form (name, email, message)
- Uses Google Analytics, Meta Pixel, or any tracking tool
- Offers a newsletter signup or customer accounts
- Drops non-essential cookies upon loading
- Features a live chat widget or comment system
To find out whether your business falls within GDPR scope, see our comprehensive guide on GDPR applicability. In practice, virtually all professional websites are subject to the GDPR.
Penalties at Stake: Far Beyond a Token Fine
Article 83 of the GDPR sets out two tiers of administrative fines:
First tier (Article 83§4): up to €10 million or 2% of annual global turnover for failures relating to controller obligations (processing records, security measures, breach notifications).
Second tier (Article 83§5): up to €20 million or 4% of annual global turnover for violations of core principles (lawfulness, consent, data subject rights).
In France, the CNIL also uses a simplified procedure for less complex cases, allowing fines of up to €20,000 — a procedure that primarily targets SMEs. To understand the scale of sanctions already issued, see our top 15 GDPR fines overview.
Beyond financial penalties, authorities can order:
- A public formal notice (reputational damage)
- An injunction to cease processing
- A temporary limitation on data processing
- Withdrawal of certification
The 7 Most Common Website Violations
1. Missing Privacy Policy
Articles 13 and 14 of the GDPR require clear, accessible information for data subjects. A website without a privacy policy — or with an incomplete one — is in direct violation. This is the most frequently identified failing.
2. Cookies Dropped Without Consent
Under the ePrivacy Directive and national implementing laws, no non-essential cookie may be placed before obtaining consent. Websites that load analytics, advertising pixels, or social sharing buttons upon arrival expose themselves to substantial fines.
3. Missing or Incomplete Legal Notice
Transparency laws require a legal notice on every professional website, identifying the operator and key legal information. Missing legal notices can trigger fines of up to €75,000 for individuals.
4. Forms Without GDPR Information
Every form collecting personal data must include data processing information: controller identity, purpose, legal basis, retention period, and data subject rights.
5. No Processing Records
Article 30 of the GDPR requires maintaining a record of processing activities. This record must document each processing operation: purpose, data categories, recipients, retention periods, and security measures.
6. Unregulated International Data Transfers
Using US-based services (hosting, analytics, email marketing) often involves transferring data outside the EU. These transfers must be safeguarded by appropriate mechanisms (standard contractual clauses, adequacy decisions).
7. Data Subject Rights Not Guaranteed
The GDPR grants individuals the right of access (Article 15), rectification (Article 16), erasure (Article 17), and portability (Article 20). A website that does not effectively enable these rights is in violation.
How Authorities Detect Non-Compliant Websites
Data protection authorities use several mechanisms to identify non-compliant websites:
Complaints: authorities receive thousands of complaints annually. A dissatisfied customer, a competitor, or a former employee can report a violation. This is the most common trigger.
Online audits: authorities can check website compliance remotely without prior notice — verifying legal notices, privacy policies, cookie behaviour, and form compliance.
Priority themes: each year, authorities define sectors and practices for priority inspection. E-commerce websites, mobile applications, and children’s data management have been recent focus areas.
Data breaches: a security breach triggering a breach notification (Article 33 GDPR) can lead to a comprehensive audit of all website practices.
How to Make Your Website Compliant
Achieving compliance is not as complex as it may seem. Here are your options:
Hire a specialised lawyer (€500–2,000 for a full audit): a data protection lawyer will conduct a thorough audit and draft the necessary documents. The most comprehensive solution, recommended for websites processing sensitive data.
Do it yourself with online templates (€0 but risky): templates exist, but they are rarely tailored to your specific situation and often outdated. The risk of gaps is high.
Use a generic AI (ChatGPT, Claude) (€0 + lawyer review €150–300): these tools can produce drafts, but GDPR specifics require precise legal expertise. Professional review remains essential.
Use a specialised legal AI (€14.90-19.90): solutions like WebLegal.ai generate all your mandatory legal documents — privacy policy, cookie policy, terms of use, terms of sale — in minutes, GDPR-compliant and tailored to your business.
Conclusion
A non-compliant website is not just a legal risk — it is a ticking time bomb. Fines can reach devastating amounts for SMEs, and data protection authorities across Europe are intensifying their enforcement activities. The most commonly sanctioned violations are often the most basic: missing privacy policy, cookies without consent, forms without information notices. In 2026, achieving compliance is accessible and fast. Do not wait for an audit to act.