The Limits of Self-Attestation

Many organisations approach GDPR compliance through internal self-assessment and self-attestation. While internal reviews are valuable starting points, they have inherent limitations that can leave gaps in your compliance posture.

Common Problems with Self-Assessment

  • Blind spots: Internal teams may not recognise issues they have normalised or assumed away
  • Interpretation gaps: GDPR requirements can be interpreted differently; internal views may be optimistic
  • Incomplete scope: Organisations often miss processing activities, systems, or data flows
  • Checkbox mentality: Focusing on having policies without verifying implementation effectiveness
  • Credibility questions: Self-attestations carry less weight with regulators, customers, and partners
Reality Check

When a supervisory authority investigates, "we assessed ourselves and believe we are compliant" is far weaker than "an independent expert assessed our practices and verified compliance." The latter demonstrates genuine accountability.

GDPR's Accountability Principle

Article 5(2) of GDPR states that controllers must be able to demonstrate compliance with data protection principles. This is the accountability principle - and it goes beyond simply being compliant.

What Accountability Requires

  • Implementing appropriate technical and organisational measures
  • Maintaining documentation demonstrating compliance
  • Being able to demonstrate compliance to supervisory authorities
  • Regular review and updating of measures

Independent assessment directly supports accountability by providing:

  • Objective evidence of compliance efforts
  • Expert verification of measures' adequacy
  • Documentation acceptable to regulators
  • Identification of gaps before regulators find them

Benefits of Independent Assessment

1. Objective Expertise

Independent assessors bring specialised GDPR knowledge and experience from multiple engagements. They understand regulatory expectations, common pitfalls, and what "good" looks like across different industries and contexts.

2. Fresh Perspective

External assessors see your organisation without the assumptions and history that internal teams carry. They ask questions internal staff might not think to ask and challenge established practices.

3. Credibility with Stakeholders

Independent verification carries weight that self-attestation does not:

  • Regulators: Demonstrates proactive compliance efforts
  • Customers: Provides assurance backed by expert review
  • Partners: Reduces due diligence burden
  • Boards: Gives confidence in compliance status

4. Risk Identification

Assessors identify compliance gaps and risks you may have missed, allowing remediation before enforcement action or data breaches occur.

5. Benchmarking

Assessors with broad experience can benchmark your practices against peers and industry standards, identifying where you lead and where you lag.

6. Defence in Enforcement

If a supervisory authority investigates, evidence of independent assessment demonstrates good faith efforts at compliance. This can influence enforcement decisions and penalty calculations.

What Independent Assessors Check

A comprehensive GDPR assessment typically covers:

Governance and Accountability

  • Data protection governance structure
  • DPO appointment and independence (if required)
  • Policies and procedures
  • Training and awareness programmes
  • Records of processing activities

Lawful Basis and Consent

  • Lawful basis documented for each processing purpose
  • Consent mechanisms where consent is the basis
  • Legitimate interest assessments where applicable
  • Contract necessity analysis

Data Subject Rights

  • Processes for handling access requests
  • Mechanisms for rectification, erasure, portability
  • Response timelines and tracking
  • Verification procedures

Security Measures

  • Technical security controls
  • Organisational security measures
  • Encryption and pseudonymisation
  • Access controls and authentication

Third Parties and Transfers

  • Processor agreements and due diligence
  • Sub-processor management
  • International transfer mechanisms
  • Transfer impact assessments

Breach Management

  • Incident response procedures
  • Breach notification processes
  • Breach register maintenance

Types of GDPR Assessments

Gap Assessment

Initial assessment against GDPR requirements to identify gaps and prioritise remediation. Best for organisations starting their compliance journey or uncertain of their current status.

Readiness Assessment

Assessment to verify readiness before a regulatory audit, customer due diligence, or certification attempt. Focused on confirming controls are operational.

Compliance Verification

In-depth assessment with evidence review to verify compliance claims. Results in a formal report or attestation statement.

Targeted Assessment

Focused assessment on specific areas (e.g., international transfers, consent mechanisms, breach response) rather than full GDPR scope.

When Independent Assessment is Particularly Valuable

High-Risk Processing

If you process special category data, conduct profiling, or engage in other high-risk processing, independent verification provides critical assurance.

Enterprise Sales

Large customers increasingly require evidence of GDPR compliance beyond self-attestation. Independent assessment reports satisfy due diligence requirements.

Post-Incident

After a data breach or near-miss, independent assessment helps identify root causes and verify remediation effectiveness.

Regulatory Scrutiny

If your sector is under increased regulatory attention, proactive assessment demonstrates commitment to compliance.

Major Changes

After significant business changes (acquisitions, new products, system migrations), assessment verifies compliance is maintained.

Choosing an Assessment Provider

When selecting an independent assessor, consider:

Expertise and Qualifications

  • Demonstrated GDPR expertise and privacy certifications
  • Experience with your industry and processing contexts
  • Understanding of relevant supervisory authority expectations

Methodology

  • Structured assessment framework
  • Evidence-based approach (not just interviews)
  • Clear deliverables and reporting

Independence

  • No conflicts of interest
  • Not dependent on selling remediation services
  • Objective assessment without predetermined outcomes

Practical Output

  • Actionable findings and recommendations
  • Prioritised remediation guidance
  • Reports usable with customers and regulators
Our Approach

Glocert International's GDPR assessments combine privacy expertise with practical business understanding. We provide clear findings, prioritised recommendations, and attestation statements that demonstrate your compliance efforts to stakeholders.

GDPR Privacy Assessment