A GDPR expert witness is a testifying consulting advisor who provides professional opinions and testimony in legal cases involving the General Data Protection Regulation (GDPR) — the European Union’s data protection law that governs how personal data is collected, stored, processed, and shared.
Top GDPR expert witnesses are typically brought into legal proceedings where compliance is being questioned. This can include cases of data breaches, unlawful data processing, failure to obtain proper consent, or violations of individuals’ rights under the regulation. Pros’ job is to clarify requirements and assess whether a party’s data practices align with legal obligations.
The best GDPR expert witness options may be asked to provide insight on a range of issues, such as:
Whether a company had sufficient technical and organizational measures in place to protect personal data
If proper consent was obtained for data collection
Whether a data subject access request was handled appropriately
How a company responded to a personal data breach
In court or during arbitration, the GDPR expert witness may submit written reports or give oral testimony to help judges, juries, or regulatory bodies understand the technicalities of the law. Their evidence can be crucial in determining liability or penalties in a case.
To be considered credible, a GDPR expert witness typically has strong knowledge of EU data protection law, hands-on experience with data privacy compliance, and sometimes certifications like CIPP/E (Certified Information Privacy Professional/Europe) or a legal background. Many come from roles such as data protection officers (DPOs), privacy consultants, or information security professionals.
Put simply, the GDPR expert witness acts as a link between legal frameworks and technical realities, helping legal teams and courts address challenges. Pros influence outcomes in litigation, regulatory investigations, or dispute resolution involving GDPR violations.