Privacy-by-Design: Key Takeaways
- Privacy-by-Design is a proactive approach to privacy protection. Supported by the GDPR, it requires companies to integrate personal data protection from the design stage of their systems, products, or services.
- This approach is closely linked to and complemented by the concepts of Privacy-by-Default and Security-by-Design.
According to a study conducted by IPSOS for Datapublica and published in November 2024, 75% of French people consider personal data protection an important issue, with 23% even viewing it as a top priority. Privacy protection is also addressed at the European level through the General Data Protection Regulation (GDPR), which has been in effect since 2018. This regulation aims to give users greater control over their personal data and mandates that companies incorporate data protection into the design of their systems, products, and services. This principle is known as “Privacy-by-Design.” As a recognized player in digital sovereignty and data security, Oodrive explores this key concept.
What is Privacy-by-Design according to the GDPR?
Privacy-by-Design is a principle established by the GDPR. It mandates that companies integrate personal data protection from the initial design phase of a system, product, or service (such as software, business applications, or e-commerce platforms). This is a comprehensive and proactive approach designed to anticipate and prevent data privacy issues.
Every action involving the processing of personal data must take privacy and user protection into account at every stage—from data collection and processing to the entire lifecycle of the system, product, or service.
Companies must implement appropriate technical and organizational measures to ensure that only necessary data is collected and processed. This obligation transforms data security practices and is structured around seven key principles:
- Proactive rather than reactive; preventive rather than corrective.
- Privacy as the default setting.
- Personal data protection integrated from the design stage.
- A holistic approach.
- End-to-end security—data is protected throughout its lifecycle.
- Visibility and transparency.
- User-centric data protection.
The concept of Privacy-by-Design is closely intertwined with Privacy-by-Default and Security-by-Design (explained further below).
What are the benefits of Privacy-by-Design?
Adopting the Privacy-by-Design principle offers three major benefits for businesses:
Compliance with the GDPR and reduced risk of data breaches
By considering privacy protection from the design phase, companies can more easily comply with data protection laws and regulations, particularly the GDPR. The risk of personal data breaches is also reduced, as protective measures are implemented from the outset. This approach helps companies save potential costs associated with incident management and regulatory fines.
Enhanced attractiveness
Data protection and privacy are becoming key differentiators for companies that prioritize them in their development. As consumers grow increasingly concerned about how their personal data is managed, the Privacy-by-Design concept helps build a relationship of transparency and trust between businesses and their customers. This approach also gives users greater control over their data.
Optimized development costs
Applying the Privacy-by-Design concept means integrating compliance considerations from the start of a project. In contrast, addressing compliance only at the final stages of a project can lead to partial or even total redesigns. By incorporating Privacy-by-Design early, companies can avoid launch delays and costly rework due to last-minute changes.
Privacy-by-Design vs. Privacy-by-Default: What’s the Difference?
Privacy-by-Design and Privacy-by-Default are two data protection concepts outlined in Article 25 of the GDPR, but they are not interchangeable.
- Privacy-by-Design requires that privacy protection be considered from the design stage and at every step of a project involving personal data processing.
- Privacy-by-Default ensures that users’ data is protected with a high level of confidentiality as soon as they start using a product or service—without requiring any manual intervention (such as checking a box or configuring settings). This principle is an extension of Privacy-by-Design.
In practical terms, Privacy-by-Default means that a company must activate default privacy settings on its product or service when the user first interacts with it. The user should not have to manually adjust settings or take additional steps to ensure that their personal data is properly protected.
Privacy-by-Design vs. Security-by-Design: Two Complementary Approaches
Privacy-by-Design and Security-by-Design are two distinct yet complementary compliance approaches focused on “design-stage” protection.
| Privacy-by-Design | Security-by-Design |
| Personal data protection | Technical system security |
While Privacy-by-Design focuses on data confidentiality and privacy protection, Security-by-Design addresses cybersecurity and risk mitigation. Each plays a specific role, but together they are essential for securing user data and preventing cyberattacks and data breaches.
How to Implement Privacy-by-Design: Best Practices
To apply the Privacy-by-Design concept effectively, companies should follow these best practices:
- Develop a Privacy-by-Design report for the CNIL (French Data Protection Authority). This report provides a comprehensive overview of the project and ensures compliance with GDPR requirements.
- Minimize data collection by only gathering what is strictly necessary for the project. Use pseudonymization techniques when possible.
- Integrate robust security measures from the early development stages to protect personal data from unauthorized access, loss, or leaks.
- Ensure that users are informed about data collection and usage. Obtain their consent in a transparent, clear, and explicit manner.
- Regularly reassess systems, processes, and data protection measures to adjust them as needed.
- Raise employee awareness to foster a culture of personal data protection.
