The 7 Most Common Data Privacy Violations & How to Avoid Them
Written by: Natasha Piirainen | Updated on: December 16, 2025
Reviewed by: Masha Komnenic CIPP/E, CIPM, CIPT, FIP | Director of Global Privacy @ Termly
In this guide, I outline some of the most common data privacy violations businesses commit and provide simple tips for how you can avoid making the same mistakes.
It’s important for businesses to know this information because you might be subject to following data privacy laws, which outline strict penalties if you’re caught breaking their rules, knowingly or unknowingly.
Read on to learn more about these common violations, why they happen, and what you can do differently. At the end, you’ll see how Termly can help simplify your business’s data privacy compliance even further.
Do Data Privacy Laws Impact Your Business?
If you collect personal data from your consumers, then there’s a very good chance that data privacy laws impact your business.
Every data privacy law is different, but may apply to you depending on the following factors:
- Where your business is located,
- Where your consumers are located,
- How much personal data you collect,
- The kind of personal data you collect (i.e., special categories of data like sensitive personal data, children’s data, medical data, etc.).
In some cases, there are additional considerations, like your gross annual revenue and the amount of data you share or sell.
What Are the Consequences for Violating Data Privacy Laws?
Data privacy laws outline several obligations businesses must follow, or else a supervisory authority could penalize you if you’re caught breaking these rules.
Punishment depends on the specific law, but could include fines, the cessation of data processing, possible criminal penalties, damage to your brand reputation, and a loss of consumer trust.
The table below lists major privacy laws and the penalties for breaking them:
| Law | Max Penalty | Enforcement Authority | Official Source |
|---|---|---|---|
| GDPR | €20M or 4% of global annual turnover | Data Protection Authorities (DPAs) | Article 83 GDPR |
| LGPD | 2% of Brazilian revenue, capped at BRL 50M per violation | ANPD (National Data Protection Authority) | LGPD Official Text |
| CCPA | $2,500 per violation (unintentional), $7,500 per violation (intentional/minors) | California Attorney General | Cal. Civ. Code §1798.155 |
| Colorado Privacy Act | Up to $20,000 per violation | Colorado Attorney General & District Attorneys | Colo. Rev. Stat. §§6-1-1301–1314 |
| Connecticut Data Privacy Act | Up to $5,000 per willful violation | Connecticut Attorney General | Conn. Gen. Stat. §42-515 et seq. |
| Virginia CDPA | Up to $7,500 per violation | Virginia Attorney General | Va. Code Chapter 53 |
| PIPEDA | Up to CAD $100,000 per violation | Office of the Privacy Commissioner & Federal Court | PIPEDA Full Text |
| Australia Privacy Act of 1988 | Up to AUD $50M or 30% of turnover | OAIC (Office of the Australian Information Commissioner) | Privacy Act 1988 |
| South Africa’s POPIA | Up to ZAR 10M or 10 years imprisonment | Information Regulator | POPIA Official Text |
What are the Most Common Data Privacy Violations?
Now that we’ve covered which laws might impact your business and why it’s important to follow the rules outlined by them, let’s look at the most common data privacy violations businesses make so you can more easily avoid them.
1. Insufficient Legal Basis for Data Processing
For entities subject to following the GDPR, the most common violation is ‘insufficient legal basis for data processing,’ according to the GDPR Enforcement Tracker.
At 785 fines totaling around €3 billion ($3.5 billion), it’s the top violation for both sum of fines and number of fines.
Why Does This Happen?
Under the GDPR, there are six legal bases for data processing, and it’s up to the business to adequately prove that their reasoning falls within the specific guidelines.
How Can My Business Avoid It?
To avoid making this same mistake, ensure you have a valid legal basis for each type of data you collect:
- Consent collected from the data subject
- Contractual obligation
- Legal obligation
- Vital interests of the individual
- Public tasks/interest
- Legitimate interest
2. Insufficient Fulfilment of Data Subject Rights
According to the GDPR Enforcement Tracker, the total number of fines received because businesses insufficiently fulfilled data subject rights currently totals €103 million ($120 million).
Why Does This Happen?
Privacy laws require businesses to respond to requests from consumers within a specific timeframe.
How Can My Business Avoid It?
The best way to avoid this violation is to ensure your business has a DSAR process or workflow in place.
3. Inadequate Cookie Consent Options
Privacy laws impact how and when websites can use cookies and other trackers, and you must obtain adequate consent for these cookies otherwise you risk getting penalized.
Why Does This Happen?
This violation commonly happens when websites present users with inadequate cookie banners.
How Can My Business Avoid It?
To avoid making this mistake, use a reliable consent management platform with a consent banner that you can configure to align with all laws.
4. Ignoring User Opt-Out Signals
Some privacy laws consider opt-out preference signals on browsers as valid.
Why Does This Happen?
This violation can happen when websites do not have the technical know-how to honor these signals.
How Can My Business Avoid It?
To avoid getting penalized for violating this law, take the time to implement the proper technical measures on your site.
5. Vague (or Missing!) Privacy Policy Details
Privacy policies that are incomplete, dishonest, or not up to date put your business at risk of getting fined for violating privacy laws.
Why Does This Happen?
This can happen when businesses change their privacy practices but forget to update their policy.
How Can My Business Avoid It?
To avoid having a vague privacy policy, try using a privacy policy generator.
6. Collecting Too Much Unnecessary Data
All data privacy laws limit how much data entities can lawfully collect.
Why Does This Happen?
Collecting too much data commonly happens when businesses don’t take privacy laws seriously.
How Can My Business Avoid It?
To avoid this violation, perform a data audit.
7. Data Breaches, Leaks, and Unauthorized Access
When personal data in your possession is leaked or breached, data privacy laws hold you financially and lawfully accountable.
Why Does This Happen?
Data leaks and breaches happen when businesses don’t properly secure the data they collect and store.
How Can My Business Avoid It?
To avoid unauthorized data leaks, consider implementing the following best practices:
- Train your entire team on cybersecurity.
- Implement strong password policies.
- Encrypt the data on devices.
How Termly Helps Businesses Simplify Data Privacy Compliance
With Termly in your toolbox, it’s much easier to avoid these and other common data privacy violations.
Our tools help businesses simplify the process of aligning their website or app with applicable data privacy laws.