In public statements and press articles, data protection legislation is often described as a bureaucratic complication or, in some cases, even as a brake on the digital transition and economic growth. Often, indeed, the activities that companies must carry out to comply with the GDPR are experienced as a complex and burdensome formal requirement, above all because of the regulatory burdens, the additional workload, the resources required and the fear of possible penalties.
Many figures, in politics and beyond, have weighed in on whether European privacy law is a “bureaucratic obstacle”. Among these interventions are certainly the criticisms of the current structure of the GDPR voiced by former Italian Prime Minister Mario Draghi. Following an economic report he himself drew up, he highlighted the bureaucratic problems posed by the GDPR, warning the EU that the complexity of European laws was preventing the European economy from catching up with the United States and China.
But is that really so? Is privacy legislation merely a “bureaucratic burden” weighing on companies, or can it also bring added value?
Let us look at just one aspect of the legislation, namely technical and organizational measures. In the GDPR compliance journey, companies are required to assess the adequacy of such measures in relation to the data processing they carry out.
In the process of aligning with the GDPR, companies that choose to implement technical and organizational measures rigorously do not merely satisfy a formal obligation: they significantly strengthen their cybersecurity posture and increase the overall resilience of their business processes. A proactive approach to data protection indeed reduces the likelihood of suffering security incidents, and therefore of incurring not only the financial penalties provided for by the Regulation but also far higher operational, legal and reputational costs. When a data breach occurs, indeed, the company often has to face substantial expenses to restore systems and recover compromised information, commissioning specialist disaster recovery work and bearing production downtime that directly affects revenue. To these costs are added those of a legal nature, linked to litigation or to the need for specialist advice to handle any disputes with data subjects or with supervisory authorities, as well as the costs of the notification and remediation activities imposed by the GDPR itself. Finally, reputational damage – sometimes even more burdensome than the immediate financial losses – can translate into a loss of trust from customers, partners and investors, compromising long-term relationships that are hard to rebuild. In this light, the GDPR is not a mere bureaucratic burden, but rather a strategic opportunity to strengthen a company's defensive capability, ensure business continuity and consolidate its reputation on the market, turning compliance from a constraint into a driver of competitiveness.
Moreover, in a context increasingly characterized by rapid technological change — think of the spread of Artificial Intelligence-based systems, automation and the exponential growth of data flows — privacy protection is not only a legal obligation, but also a competitive advantage for those who wish to operate on the market in a credible and reliable way.
As also recently stressed by the current Italian Data Protection Authority (the Garante), "data protection and compliance with the GDPR not only help protect the fundamental rights and freedoms of citizens, but above all represent an essential strategic element for the digital growth of our country and for strengthening European technological security".
Ultimately, it is clear today that privacy should be seen not as a bureaucratic limit, but as an essential prerequisite for a truly sustainable, informed and secure digital transformation, whose value is widely recognized by public institutions, businesses and citizens.
There are, however, aspects of the legislation that can certainly be simplified, in particular as regards SMEs. The Commission has indeed stated that it intends to simplify the text of the GDPR with the aim of easing the requirements for small and medium-sized enterprises. This simplification plan is intended to focus on reporting obligations (records of processing, DPIAs) for organizations with fewer than 750 employees, without however distorting the legislation and while continuing to pursue “the fundamental objective of the GDPR”.
Pending the Commission's proposal, every company that processes personal data must continue to comply with the current requirements of the GDPR. Argo can support your company in the compliance process.
Contact us today through the form on this page, or write an email directly to the following address: info@argobs.com