• Compliance Essentials for Founders

    Building a company in 2025 means building with trust from day one. Founders who treat privacy, security, and AI governance as core product features scale faster, avoid rework, and inspire investor confidence. 

    This article summarises our masterclass into a practical guide you can implement immediately.

    Why Compliance Matters

    Compliance = Trust + Credibility + Scalability.

    Compliance is not bureaucracy, it’s your growth strategy. Investors, partners, and customers expect transparency, accountability, and readiness from day one. Laying the foundations early helps you avoid costly fixes and product delays later.

    Sanctions and Business Risks

    Understanding the potential risks of non-compliance is essential for every founder. Regulatory frameworks like the GDPR and the EU AI Act are designed to protect individuals and ensure responsible innovation but violations can be costly. Beyond financial penalties, non-compliance can damage your brand, delay product launches, and erode investor and customer trust. The following overview highlights the main legal and financial risks founders should be aware of when handling data or deploying AI systems.

    • GDPR: Administrative fines up to €20 million or 4% of global turnover. Common triggers include data misuse, insufficient security, and unlawful processing.
    • Unlawful marketing: Unsolicited communications can lead to claims of harassment, individual damages (around €5,000 per person), and legal expenses.
    • EU AI Act: Non-compliance with transparency, risk, or data-governance obligations can result in fines of up to €35 million or 7% of annual turnover. High-risk AI faces the strictest rules.

    First Steps: Your Legal Foundations

    Every successful company begins with a sound legal foundation. Before focusing on product growth or marketing, founders should ensure that their business model and digital presence are compliant from the start.

    1. Check your business model.

    Begin by confirming that your activities are lawful in all target markets. Review whether your product or service requires any licences, certifications, or regulatory approvals before launch. At the same time, assess whether your business falls under the obligation to appoint a Data Protection Officer (DPO), a requirement for many data-driven or customer-facing companies in the EU.

    2. Fix your online presence.

    Your website is your company’s legal face to the world. Make sure it includes a clear and complete imprint (legal notice), an up-to-date privacy policy written in plain language, and a cookie banner that allows users to make an informed, balanced choice without manipulative design patterns. Don’t forget well-structured Terms & Conditions (T&Cs) and the mandatory consumer information that protects both you and your users.

    3. Contact customers lawfully.

    Before sending newsletters, promotional emails, or outreach messages, clarify who you may contact and on what legal basis. Marketing activities must comply not only with the GDPR but also with anti-spam and e-privacy regulations, which differ slightly between EU member states. Aligning your communication strategy with these rules helps you build trust, avoid fines, and keep your brand reputation intact.

    GDPR Essentials for Startups

    Why GDPR Still Matters in 2025

    Since May 2018, the General Data Protection Regulation (GDPR) has set the global benchmark for data privacy and accountability. It’s not just a European framework, it has influenced data protection laws from California to South Africa and continues to shape how startups handle personal data worldwide.

    For founders, the GDPR is both a legal requirement and a business opportunity. Implemented early, it becomes a foundation for trust, transparency, and scalability. Ignored, it can lead to reputational damage, product delays, and significant financial risks. Under the regulation, national supervisory authorities can impose fines of up to €20 million or 4% of global annual turnover, whichever is higher. But more often, the real cost of non-compliance lies in lost investor confidence and user trust.

    Core Principles Every Founder Should Know

    The GDPR is built around six key principles that should guide every product and data-handling decision:

    • Lawfulness: Every data processing activity must have a valid legal basis  such as contract performance, consent, or legitimate interest.
    • Fairness and Transparency: Individuals must understand how and why their data is used. Hidden or overly complex privacy notices violate both the letter and the spirit of the law.
    • Data Minimisation: Collect only the data you actually need. More data doesn’t mean better insight, it often just means more liability.
    • Purpose Limitation: Use data only for the specific purpose you’ve communicated to users. Repurposing data without a new legal basis is one of the most common GDPR breaches.
    • Accuracy and Storage Limitation: Keep data up to date and don’t store it longer than necessary. Define clear retention periods and deletion processes.
    • Integrity and Confidentiality: Implement security measures to protect data against unauthorised access, loss, or destruction.

    Practical Steps to Stay Compliant

    Turning these principles into practice requires both strategy and structure. Here’s how to begin:

    1. Map your data. Identify what personal data your startup collects, where it’s stored, who can access it, and for what purpose. A clear data inventory helps you meet documentation requirements and quickly respond to data subject requests.
    2. Manage access control. Limit access to personal data strictly to those who need it to perform their work. Implement strong authentication (e.g. MFA) and keep audit trails.
    3. Strengthen technical security. Encryption, regular backups, patching, and incident response plans aren’t optional, they’re essential for compliance and resilience.
    4. Formalise relationships with vendors. Whenever a third party processes data on your behalf, sign a Data Processing Agreement (DPA) and ensure they meet equivalent security and privacy standards.
    5. Manage international transfers. If you use tools or providers outside the EU, apply Standard Contractual Clauses (SCCs) and perform a transfer impact assessment to ensure adequate safeguards.
    6. Prepare for incidents. When a data breach occurs, you may have to notify the supervisory authority within 72 hours. Having an incident response plan can make this manageable and prevent escalation.

    Common Pitfalls to Avoid

    Many startups make the same avoidable mistakes:

    • Outdated or hard-to-find privacy policies. Your privacy notice must be clear, accessible, and written in plain language.
    • Overreliance on consent. Not every data use requires consent. In fact, consent can be withdrawn at any time, so it’s important to use it only where necessary.
    • Manipulative cookie banners. “Accept all” buttons that are easier to click than “Reject all” risk enforcement actions and reputational harm.
    • Excessive form fields. Asking for more data than needed, especially in contact or sign-up forms which violates data minimisation principles.
    • Ignoring small incidents. A pattern of minor lapses can reveal deeper systemic issues later. Every incident should be assessed, documented, and reviewed.

    The key is to treat privacy and compliance as part of your product design, not as an afterthought. When embedded early, compliance becomes a natural part of the development workflow.

    The EU Digital Strategy: The Bigger Picture

    The EU Digital Strategy complements the GDPR and the AI Act, forming the backbone of Europe’s vision for a trusted and competitive digital economy. For startups, it’s not just another layer of regulation it’s a roadmap for building future-proof businesses in Europe.

    The strategy aims to create a single digital market where data can flow freely, innovation can thrive, and users can trust the technologies they use. It includes key initiatives like the Data Governance Act, the Digital Markets Act, and the Digital Services Act, which set clear rules for data sharing, online platforms, and fair competition.

    In simple terms: the EU wants companies to innovate boldly but with transparency, user protection, and ethical data use at the core. Understanding these principles early helps founders design products and business models that can scale confidently across Europe and beyond.

    Understanding the EU AI Act

    The EU Artificial Intelligence Act (AI Act) is one of the world’s first comprehensive regulatory frameworks for artificial intelligence. It applies to developers, providers, and deployers of AI systems that have an EU connection, even if they operate abroad. The AI Act takes a risk-based approach: the greater the potential impact on people or society, the stricter the obligations. This means low-risk tools can operate with minimal requirements, while high-risk applications  such as those affecting health, employment, or access to essential services  face rigorous compliance duties, documentation, and oversight.

    Rather than introducing all rules at once, the EU has designed a phased implementation to give organizations, especially startups and SMEs, time to adapt and build compliant systems.

    Timeline Overview:

    • August 2024: Regulation enters into force.
    • February 2025: Ban on “unacceptable-risk” AI systems (e.g. manipulative or social scoring applications).
    • August 2025: Governance and transparency obligations become applicable.
    • 2026–2027: Full obligations for high-risk AI systems take effect.

    What Founders Should Do Now

    For founders building or using AI systems, preparation is key. Start by determining whether your product qualifies as an AI system under the Act and defining your role: are you a provider, deployer, or user? Each role carries different legal duties.

    Next, assess your system’s risk level: minimal, limited, high, or prohibited. For high-risk systems (e.g. those used in employment, healthcare, or critical infrastructure), you’ll need detailed documentation covering datasets, training processes, explainability, and human oversight.

    Data governance also becomes crucial. High-quality, representative, and well-documented datasets help prevent bias and discrimination while demonstrating accountability. Finally, integrate AI compliance into your broader digital strategy  alongside ethics, privacy, and security.

    Make Compliance Part of Your DNA

    Compliance is not a blocker, it’s a strategic advantage. Startups that take privacy, security, and governance seriously from the beginning build stronger relationships with users, attract more confident investors, and reduce legal risks as they grow.

    • At the Early Stage, focus on the basics: privacy policy, imprint, non-disclosure agreements, cookie banner, and Terms & Conditions.
    • At the Seed Stage, expand your scope to include employee data protection, contractual frameworks, and GDPR documentation.
    • At the Expansion Stage, prepare for cross-border data transfers, AI Act readiness, and investor due diligence.

    By building compliance into your company’s DNA, you don’t just meet legal standards, you signal to the market that your business is mature, trustworthy, and built to last.

    Conclusion

    Sustainable growth today is built on trust, transparency, and accountability. Compliance isn’t about ticking boxes it’s a core element of smart business strategy. Founders who embed privacy, security, and AI governance into their products from day one save time, reduce risk, and earn lasting trust from customers, partners, and investors.

    Startups that treat ethics and compliance as part of their DNA don’t just stay compliant they help shape the digital future of Europe.

  • What is an AI System? 

    What is an AI System? 

    Understanding AI Systems Under the EU AI Act: A Comprehensive Guide Introduction to AI System Definition The European Union AI Act…

    Weiterlesen

  • Legal Tips for eCommerce

    Legal Tips for eCommerce

    Legal Tips for eCommerce February 27, 2025 Anyone offering products or services online must comply with legal regulations. These rules are…

    Weiterlesen