GDPR Makeover? EU Eyes Simpler Privacy Rules for Small Businesses
U.S. Laws & Regulations

GDPR Makeover? EU Eyes Simpler Privacy Rules for Small Businesses

Since its landmark debut in 2018, the General Data Protection Regulation (GDPR) has stood as a global gold standard for data privacy. But nearly seven years in, a growing chorus of voices across the European Union is calling for a tune-up. From startups to seasoned regulators, many argue that the law’s complex compliance obligations weigh too heavily on small and medium-sized enterprises (SMEs). Now, in a bold move, the European Commission—backed by President Ursula von der Leyen—is proposing reforms to make GDPR more accessible, especially for smaller players. But can simplification happen without weakening privacy protections? Let’s dig into the EU’s proposed plans and what they mean for the future of data regulation. 

The GDPR at a Crossroads 

The GDPR has been instrumental in shaping data privacy across the globe. It has influenced legislation from California to Brazil and empowered individuals with greater control over their personal data. However implementation has exposed some cracks, particularly for SMEs: 

  • Resource-intensive compliance: Small companies often lack the legal and technical staff to handle detailed requirements like Data Protection Impact Assessments (DPIAs) or appointing a Data Protection Officer (DPO). 
  • Regulatory inconsistency: Enforcement varies significantly from one EU member state to another, causing confusion and uncertainty. 
  • Fear of penalties: The risk of multi-million euro fines, even for unintentional missteps, has led to excessive caution—sometimes referred to as “GDPR paralysis.” 

These growing pains are now prompting the EU to rethink how GDPR is applied, especially for the businesses that form the backbone of its economy. 

The EU’s Simplification Proposal: What’s on the Table? 

Earlier this year, the European Commission launched a consultation to explore how GDPR can be made more SME-friendly. Here’s what’s being discussed: 

1. Streamlined DPIA Requirements 

Currently, GDPR mandates DPIAs for any data processing that may pose high risks to individuals. The new proposal suggests: 

  • Risk-based exemptions for SMEs whose data processing is limited in scope. 
  • Pre-approved templates to simplify the DPIA process. 
  • Sector-specific guidance to help businesses understand their obligations without hiring expensive consultants. 

2. Revisiting the Role of the DPO 

For many small businesses, the requirement to designate a DPO feels burdensome, especially when data processing is not a core activity. Proposed changes include: 

  • Clearer thresholds for when a DPO is required. 
  • Shared DPOs among small firms in the same industry or region. 
  • Increased use of third-party service providers for DPO duties. 

3. Uniform Enforcement Mechanisms 

One major pain point for businesses operating across borders is inconsistent enforcement by national data protection authorities. The EU aims to: 

  • Harmonize interpretation of key GDPR provisions. 
  • Enhance cooperation between supervisory authorities. 
  • Provide a single digital portal for cross-border data protection issues. 

Why Now? The Political and Economic Context 

The push for GDPR simplification comes at a politically strategic moment. European Commission President Ursula von der Leyen is facing reelection, and simplifying compliance could win favor with Europe’s vast SME sector. The proposed reforms also align with broader goals: 

  • Boosting the EU’s digital economy by reducing red tape. 
  • Supporting innovation in AI and data-driven services. 
  • Balancing security and privacy in light of increased biometric and surveillance technologies. 

According to The Record, industry leaders and legal scholars have largely welcomed the effort to streamline GDPR, but they’re also urging caution to ensure that core protections aren’t watered down. In my opinion, the intent isn’t to lessen enforcement. They remain quite serious about enforcement, and that will continue ramping up. However, they are seeking to better align the rules to business size, ensuring enforcement actions are appropriate.  

Reactions from the Privacy Community 

As expected, reactions to the proposal are mixed. Here’s a breakdown: 

Supporters say: 

  • Simplification will increase compliance rates among SMEs. 
  • Reducing ambiguity will foster innovation and digital growth. 
  • Clearer guidance can lessen fear of enforcement, encouraging good faith efforts. 

Critics warn: 

  • Looser rules could create loopholes for bad actors. 
  • A “lite” GDPR might lead to unequal protection for citizens across different sectors or countries. 
  • Overemphasis on business needs may undermine public trust in EU privacy leadership. 

Privacy experts from groups like the European Data Protection Board (EDPB) are expected to weigh in heavily during the consultation process, pushing to maintain a high bar for data protection. 

What Happens Next? 

The reform proposals are currently in the public consultation phase. Feedback from businesses, regulators, and civil society organizations will shape the final recommendations, expected later in 2025. If the European Commission moves forward, changes could be introduced through delegated acts or amendments to GDPR guidelines—without needing a full legislative overhaul. 

Key milestones to watch: 

  • Mid-2025: Commission issues formal recommendations or a white paper. 
  • Late 2025: Possible revisions to GDPR guidance and enforcement procedures. 
  • 2026 and beyond: National data protection authorities begin implementation of simplified processes. 

A Lighter GDPR, or Just Smarter? 

The EU’s efforts to simplify GDPR reflect a mature, responsive approach to regulation—one that acknowledges the lived realities of businesses while reaffirming the centrality of privacy. The stakes are high: if done well, reforms could strengthen the EU’s digital economy without sacrificing rights. But if mishandled, they risk eroding hard-won protections that have become a global benchmark. For now, all eyes are on Brussels as Europe tries to strike the right balance between privacy and practicality. 


Author

Dan Clarke
Dan Clarke
President, Truyo
April 9, 2025

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