In the public sphere, the topic of liability for GDPR violations usually boils down to high administrative fines imposed by supervisory authorities. However, less is said about the personal criminal liability of management board members – and this can have the most serious consequences, both professionally and personally.
Should managers really be concerned? Is the risk of criminal liability merely a theoretical construct or a real threat?
GDPR and criminal liability – legal status
The GDPR (Regulation 2016/679), as an act of EU law, does not provide for direct criminal liability. However, it leaves Member States free to introduce criminal provisions protecting personal data, and Poland has exercised this option.
Pursuant to Article 107 of the Personal Data Protection Act, the processing of personal data in breach of the provisions is punishable by a fine, restriction of liberty or imprisonment for up to 2 years, and in the case of processing special categories of data – even up to 3 years.
Management board member and personal liability
Members of the management board are not automatically exempt from liability. On the contrary, they may be deemed responsible for overseeing compliance with data protection regulations. This includes:
- Criminal liability – for unlawful data processing (Article 107 of the Act).
- Civil liability – compensation for damage caused to natural persons.
- Administrative liability – high fines from the Personal Data Protection Office.
- Corporate responsibility – loss of trust, damage to reputation, risk of dismissal.
It is worth remembering that criminal liability requires guilt, so the mere violation of the regulations is not enough - it is necessary to establish that the person acted intentionally or at least with gross negligence.
Currently, the practice of applying Article 107 of the Act is quite limited. Previous cases of criminal liability for GDPR violations most often involve individuals, such as former employees who stole data, rather than management board members.
This doesn't mean, however, that boards are safe. Law enforcement agencies are increasingly examining whether failure to implement appropriate procedures or ignoring reported violations constitutes a criminal offense. Furthermore, in the event of an incident, board members may face consequences under the so-called managerial liability regime.
How to minimize risk?
Minimizing the risk of board members being held liable for GDPR violations requires a systematic and strategic approach. A key element is creating a culture of personal data protection within the organization, where responsibility for compliance with regulations does not rest solely with a single department but is understood as an integral part of company management.
The foundation is the implementation of an effective and truly operational personal data protection policy, not just on paper but in daily practice. These documents should be tailored to the specific needs of the organization, up-to-date, and familiar to employees. In this context, it is crucial to appoint a Data Protection Officer (DPO), who does not merely play a symbolic role but is provided with adequate resources, independence, and real influence over internal processes. Collaboration between the management board and the DPO should be based on ongoing communication, not merely on formal delegation of tasks.
Education is also invaluable. Regular training, not only for operational staff but also for management, builds awareness of the risks posed by improper personal data processing. Management must not only be familiar with the basic principles of the GDPR but also understand which actions or omissions may result in personal liability.
Another crucial element is the organization's preparedness for crisis situations. Appropriate procedures for responding to data protection incidents should be clearly defined, tested, and communicated. A rapid, documented, and transparent response to breaches can minimize legal consequences, including the risk of criminal prosecution.
Monitoring and control are equally important. Regular internal audits of GDPR compliance enable the identification of system weaknesses before they are exploited – by unauthorized individuals, supervisory authorities, or customers themselves. Documenting decisions, actions, and risk analyses is crucial here, as in the event of criminal proceedings, it will serve as evidence of due diligence exercised by management members.
While criminal liability for board members for GDPR violations remains rare, the risk is not imaginary. With growing public awareness and increased activity by supervisory authorities, it may become increasingly real.
A management board that does not treat data protection as an element of compliance and corporate governance exposes itself not only to administrative penalties, but also to personal criminal and reputational consequences.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of August 6, 2025.
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