What is a GDPR Attestation?

A GDPR attestation of compliance is a formal statement, typically issued by an independent third party, confirming that an organisation's data protection practices have been assessed against GDPR requirements and found to meet specified criteria.

Unlike certifications for standards like ISO 27001, there is no official "GDPR certified" status. Instead, attestations provide documented evidence of compliance efforts based on expert assessment.

Key Distinction

A GDPR attestation is not the same as GDPR certification. It is an expert opinion based on assessment, not an official certification from a regulatory body or accredited certification body. However, it provides valuable third-party evidence of compliance efforts.

Why There is No "GDPR Certification"

Unlike ISO standards, GDPR does not have a formal certification scheme. While Article 42 of GDPR provides for data protection certification mechanisms, these are still emerging and vary by country.

The Current Landscape

  • Article 42 certifications: Some approved certification schemes exist (e.g., EuroPriSe, CNIL seal in France), but adoption is limited
  • ISO 27701: Provides a certifiable privacy management system that supports GDPR, but is not GDPR-specific
  • Independent assessments: The most common approach - expert review and attestation

Why This Matters

Because no universal GDPR certification exists, organisations need alternative ways to demonstrate compliance to customers, partners, and regulators. This is where attestations fill the gap.

Types of Compliance Evidence

Organisations can provide various types of evidence for GDPR compliance:

Evidence Type Description Credibility
Self-declaration Organisation's own statement of compliance Low - no independent verification
Questionnaire responses Completed security/privacy questionnaire Low-Medium - depends on verification
Independent attestation Third-party assessment with formal statement Medium-High - expert verification
ISO 27701 certificate Certification to privacy management standard High - accredited certification
Article 42 certification GDPR-specific approved certification Highest - regulator-approved scheme

What Makes an Attestation Valid

A credible GDPR attestation should include:

1. Clear Scope Definition

  • What systems, processes, and data were assessed
  • What GDPR requirements were evaluated
  • The role assessed (controller, processor, or both)
  • Geographic and business scope

2. Assessment Methodology

  • How the assessment was conducted
  • What evidence was reviewed
  • Interviews, testing, and documentation review
  • Assessment framework or criteria used

3. Independent Assessor

  • Qualified privacy and data protection expertise
  • No conflicts of interest with the assessed organisation
  • Recognised qualifications or certifications

4. Clear Statement

  • Unambiguous opinion on compliance status
  • Any qualifications or limitations
  • Date of assessment and validity period
  • Assessor identification and credentials

5. Supporting Evidence

  • Summary of findings (not just the statement)
  • Control areas assessed and results
  • Material issues identified (if any)

Sample Attestation Statement

A typical GDPR attestation statement might read:

Independent GDPR Compliance Attestation

We have performed an assessment of [Organisation Name]'s data protection practices for the [Product/Service Name] against the requirements of the EU General Data Protection Regulation (GDPR).

Scope: The assessment covered [Organisation Name]'s role as a data processor for personal data processed through [Product/Service Name], including relevant policies, procedures, technical controls, and operational practices.

Based on our assessment conducted between [Date] and [Date], in our professional opinion, [Organisation Name] has implemented appropriate technical and organisational measures to support GDPR compliance in its role as a data processor for the services assessed.

This attestation is valid as of [Date] and reflects the state of controls at the time of assessment. [Organisation Name] is responsible for maintaining these controls on an ongoing basis.

[Assessor Name]
[Assessor Organisation]
[Date]

How Buyers Use Attestations

Customers and partners use GDPR attestations in several ways:

Vendor Due Diligence

When selecting vendors who will process personal data, attestations provide evidence that the vendor has been independently assessed. This supports the controller's obligation under Article 28 to use only processors providing sufficient guarantees.

Contract Negotiations

Attestations can satisfy contractual requirements for compliance evidence, reducing negotiation friction and accelerating deal closure.

Ongoing Monitoring

Annual or periodic attestations demonstrate continued compliance, supporting ongoing vendor management programmes.

Risk Assessment

Attestations inform risk assessments by providing independent verification of vendor privacy practices. This is particularly important for high-risk processing activities.

Audit Trail

Maintaining attestations creates an audit trail demonstrating that appropriate due diligence was performed when selecting and monitoring processors.

Buyer Expectations

Enterprise buyers increasingly expect independent evidence of GDPR compliance. Self-attestations are often insufficient for high-value contracts or processing involving sensitive data. An independent attestation demonstrates commitment to privacy beyond checkbox compliance.

Obtaining a GDPR Attestation

Preparation

  • Document your data protection practices
  • Compile evidence of controls and procedures
  • Identify the scope you want assessed
  • Address known gaps before assessment

Assessment Process

  • Engage a qualified independent assessor
  • Provide documentation and evidence
  • Participate in interviews and walkthroughs
  • Address any findings or gaps identified
  • Receive assessment report and attestation

Maintaining Validity

  • Attestations are point-in-time assessments
  • Annual reassessment is common practice
  • Material changes may require earlier review
  • Maintain controls between assessments

Combining with Other Certifications

GDPR attestations work well alongside other certifications:

  • ISO 27001: Security foundation that supports GDPR requirements
  • ISO 27701: Privacy management system extending ISO 27001
  • SOC 2: Trust services criteria with privacy option

These certifications address overlapping requirements, and a GDPR-specific attestation can address requirements not fully covered by other certifications.

Cost and Timeline

GDPR assessments typically require:

  • 1-3 weeks of assessment work depending on scope
  • Engagement of qualified privacy professionals
  • Investment proportional to organisation size and complexity

The investment is justified by:

  • Reduced customer due diligence friction
  • Faster sales cycles with privacy-conscious buyers
  • Reduced risk of compliance gaps
  • Demonstration of accountability to regulators
GDPR Privacy Compliance