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GDPRChapter IV — Data protection by design and by default

Article 25

Data protection by design and by default

GDPR · Regulation (EU) 2016/679 · Last verified July 2026

Objective

The controller shall implement appropriate technical and organisational measures designed to implement data-protection principles effectively and to integrate necessary safeguards into processing, and shall implement measures to ensure that by default only personal data necessary for each specific purpose are processed.

Points of focus

  • Implement technical and organisational measures that implement Article 5 principles effectively
  • Integrate safeguards into processing at design and implementation time
  • Ensure by default only necessary personal data are processed for each purpose
  • Limit by default the accessibility of personal data to an indefinite number of people
  • Consider state of the art, cost, and processing risks when choosing measures

Implementation notes

Article 25 binds controllers to build data protection into systems by design and by default. In a SaaS company that is controller for workforce or marketing data — and that designs features customers will use as controllers — bake privacy reviews into the SDLC alongside security design reviews. Require data inventories for new event streams, prefer aggregation or pseudonymisation where purpose allows, set short default retention for debug logs containing PII, and ship product defaults that minimise fields and cross-tenant visibility. Document how 'state of the art' and risk influenced choices when you pick vendors or architectures. Article 25 is demonstrated by design artifacts and default configs, not by a privacy policy sentence alone. Pair it with Article 32 security measures so safeguards are both protective and privacy-preserving.

Audit tip: Show one feature that changed design because of Article 25 (for example, default-off field, hashed identifier, or delayed collection) with ticket and final default settings.

Evidence auditors typically request:

  • Privacy-by-design checklist embedded in product/engineering SDLC
  • Default configuration screenshots showing minimised collection and restricted sharing
  • DPIA or design review records for high-risk features
  • Data-minimisation standards for logs, analytics events, and support tooling
  • Access-control defaults (least privilege) for admin and support roles

Common gaps

  • Privacy review only at launch marketing copy — never in design tickets
  • Analytics SDKs enabled by default collecting excess identifiers
  • Tenant admin defaults that expose PII broadly inside the workspace
  • No retention defaults; raw logs kept indefinitely 'just in case'

Cross-Framework Mapping

FrameworkRequirementImplementation note
GDPRArticle 25This control
ISO 27001A.5.34, A.8.2, A.8.3PII protection, classification, and access restriction
SOC 2CC6.1, CC8.1Access control and change management as design gates
HIPAA164.308(a)(1)(ii)(A), 164.312(a)(1)Risk analysis and access control — complementary, not identical

Primary sources

Frequently Asked Questions

Article 25 addresses controllers. Processors still implement security (Article 32) and assist controllers. If you determine purposes for your own operations (billing, product improvement on your accounts), you may be controller for that processing and Article 25 applies.

Encryption is a valuable safeguard but not the whole duty. By design/by default also covers minimisation, purpose limitation, retention defaults, and access defaults. Pair crypto with product and process measures.

When a user or admin first uses the system without changing settings, only necessary data should be processed and accessibility should be limited. Opt-in — not opt-out — for non-essential collection and broad sharing.

Share design-review checklists, default configuration summaries, retention schedules, and examples of rejected or redesigned features. Avoid vague 'privacy by design' marketing without artifacts.

Article 35 DPIAs are required for high-risk processing; Article 25 is continuous. DPIA outputs often feed design measures that satisfy Article 25 for those risky features.

Framework versions referenced in this page:

  • GDPRRegulation (EU) 2016/679

Last verified: July 2026 · Primary sources linked above