Self-employed professionals and SMEs
Data protection
for self-employed professionals
A self-employed professional processes personal data from their very first client: name, email, telephone, billing data. The GDPR applies without exception based on size or turnover. Getting it right from the start makes compliance straightforward.
€0
no turnover threshold
4 years
tax data retention
Art. 30
GDPR — RoPA mandatory
24 h
personalised proposal
Sector challenges
General obligations for self-employed professionals
Client and supplier data
Name, email, telephone, billing address and bank details of clients and self-employed suppliers are personal data subject to the GDPR from the very first transaction.
Record of Processing Activities
The RoPA documents what data the freelancer processes, for what purpose, how long it is retained and what security measures are in place. It is the foundational document of GDPR compliance.
Website and forms
A freelancer's website with a contact form, quotation request or newsletter must have a privacy policy, legal notice and cookie banner if analytics tools are used.
Data retention and erasure
Client data may not be retained indefinitely. Retention periods must be set according to purpose (tax obligation, warranty, limitation period) and data must be erased when they expire.
Information security
Strong passwords for email and work tools, encryption of sensitive documents, backups and precautions when using cloud services are the basic required measures.
Commercial communications
Sending newsletters or commercial emails to prospective clients requires prior consent or the existing-customer exception. Using purchased mailing lists may constitute an infringement.
The service
What the service includes for self-employed professionals
RoPA (Record of Processing Activities)
Tailored record for the freelancer's specific activity: clients, suppliers and collaborators.
Information clauses
Texts for quotations, client contracts and web forms.
Privacy policy and legal notice
Documentation for the freelancer's website.
Data Processing Agreements (if applicable)
DPAs if the freelancer processes data on behalf of clients or uses providers that process their data.
Data breach protocol
Response procedure with 72-hour notification.
Data subject rights management
Procedure for handling requests from clients and contacts.
Document management platform
Access to a private platform with documents and electronic signature.
Ongoing support
Unlimited queries. Updates in response to regulatory changes.
External DPO (if applicable)
As a general rule, self-employed professionals are not listed in the exhaustive provisions of art. 34 LOPDGDD or art. 37 GDPR. The final requirement will depend on the scale, volume and exact nature of each case's processing activities. Each case requires individual analysis. Independent contract.
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FAQ
Frequently asked questions about data protection for self-employed professionals
Is a self-employed professional required to comply with the GDPR?
In general, a self-employed professional who manages client, supplier or collaborator data processes personal data and is subject to GDPR obligations. The precise scope depends on the type of data processed, the purpose and the context of the activity. From the very first clients, it is advisable to review which obligations apply.
What data does a self-employed professional typically process?
Client data (name, email, telephone, billing address), data on self-employed suppliers, data on collaborators, and data on leads and prospective clients acquired through a website or social media. If the freelancer also has employees or uses subcontractors, they will also process employment data.
Does a self-employed professional need a Record of Processing Activities (RoPA)?
Yes, unless the processing is occasional, does not entail risks to the rights and freedoms of data subjects, and does not involve special categories of data. In practice, most self-employed professionals who regularly manage client data must maintain a RoPA. It is the foundation of compliance documentation and the AEPD may request it during an inspection.
Can a self-employed professional retain former client data indefinitely?
No. Client data must be retained for the time necessary for the purpose for which it was collected and for the applicable legal retention periods: 4 years for tax obligations, the limitation period for contractual claims (generally 5 years) for potential disputes. Once these periods expire, the data must be erased or anonymised.
Does a self-employed professional who uses email to communicate with clients need to take special measures?
Yes. Emails between the freelancer and their clients contain personal data and must be handled with appropriate security measures. These include using strong passwords for the email account, not sending sensitive data unencrypted, and not using personal email accounts for professional activities. The email provider may act as a data processor.
Can a self-employed professional use a spreadsheet to manage client data?
Yes, but security measures must be applied: password-protected access, not sharing the file unencrypted, making regular backups, and not storing it in cloud services without adequate safeguards. If the spreadsheet contains a large number of client records or sensitive data, it may be advisable to use management software with stronger security guarantees.
Sector resources
Learn more
Self-employed
Self-employed professionals and GDPR: the minimum obligations every freelancer must meet
GDPR applied to a self-employed professional without employees: proportionate RoPA, information clause, website privacy policy and cookies, contracts with the gestoría and software, and reasonable retention of client data.
7 min·Read article
Self-employed
Client data on the self-employed professional's phone: WhatsApp, contacts and legal management
How to comply with the GDPR from the professional phone of a freelancer: WhatsApp Business, separate contacts, work photos, device encryption, what to do if it is lost and deletion when a client relationship ends.
7 min·Read article
Self-employed
Invoicing and retention of tax data for the self-employed: how long to keep them and how
Real retention periods for invoices and tax data of a self-employed professional under the Spanish Commercial Code, General Tax Act and Civil Code. Client tax ID, cloud copy, contract with the gestoría and cessation of activity.
7 min·Read article
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Self-employed professionals and SMEs
GDPR compliance
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Legal notice: This content is for informational and educational purposes only; it does not constitute specialist legal advice. The application of the regulations to each specific case requires individual analysis.