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GDPR

GDPR requirements for an ecommerce site

Find out which GDPR obligations apply to your ecommerce site in 7 questions covering cookies, payments, marketing, and cross-border data transfers.

Last updated: 1 May 2025

Do Ecommerce site need to comply with GDPR?

Find out which GDPR obligations apply to your ecommerce site in 7 questions covering cookies, payments, marketing, and cross-border data transfers. If yes: GDPR applies — delegate payment processing immediately. If not: Cookie consent in place — confirm other GDPR obligations. Us…

  • Yes path: GDPR applies — delegate payment processing immediately
  • No path: Cookie consent in place — confirm other GDPR obligations
  • Use the step-by-step decision tree below for your exact situation
Source: EUR-Lex — GDPR (Regulation 2016/679)Reviewed:
Step 1

GDPR · Question 1

Do you sell to customers located in the EU?

Selling to EU residents — even from a non-EU country — triggers GDPR for those transactions.

For informational purposes only. Consult qualified legal counsel before making compliance decisions.

Decision Criteria & Full Path Breakdown

Review all branch conditions, regulatory criteria, and outcomes assessed by this decision tree.

  1. 1

    Do you sell to customers located in the EU?

    Selling to EU residents — even from a non-EU country — triggers GDPR for those transactions.

    If Yes: Proceeds to: Does your site use cookies or tracking pixels?
    If No: GDPR does not apply — no EU customers
  2. 2

    Does your site use cookies or tracking pixels?

    Google Analytics, Meta Pixel, TikTok Pixel, Hotjar, Clarity — any script that reads or writes data in the browser.

    If Yes: Proceeds to: Do you show a cookie consent banner before setting non-essential cookies?
    If No: GDPR applies — limited tracking, but checkout data is still in scope
  3. 3

    Do you show a cookie consent banner before setting non-essential cookies?

    Non-essential cookies (analytics, advertising) require prior consent under GDPR and the ePrivacy Directive. Pre-ticked boxes don't count.

    If Yes: Proceeds to: Do you send marketing emails to customers?
    If No: GDPR applies — cookie consent banner required immediately
  4. 4

    Do you send marketing emails to customers?

    Post-purchase newsletters, promotional offers, abandoned cart emails — all require a valid legal basis.

    If Yes: Proceeds to: Did customers explicitly opt in to receive marketing, or are you relying on the 'soft opt-in' exemption for existing customers?
    If No: Cookie consent in place — confirm other GDPR obligations
  5. 5

    Did customers explicitly opt in to receive marketing, or are you relying on the 'soft opt-in' exemption for existing customers?

    Soft opt-in: you can email existing customers about similar products without fresh consent, if you gave them an easy way to opt out at the time of purchase.

    If Yes: Proceeds to: Do you store payment card data or use a PCI-DSS compliant processor like Stripe or Adyen?
    If No: GDPR applies — fix your email marketing consent model
  6. 6

    Do you store payment card data or use a PCI-DSS compliant processor like Stripe or Adyen?

    Storing raw card numbers yourself triggers PCI-DSS and significant GDPR risk. Most shops delegate this to a processor.

    If Yes: Your GDPR baseline looks solid — review data transfers next
    If No: GDPR applies — delegate payment processing immediately