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Gibraltar GDPR

Gibraltar General Data Protection Regulation + Data Protection Act 2004

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GibraltarOpt-inEuropeNational
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Key Facts

Effective Date
January 1, 2021
Enacted
January 1, 2021
Enforcing Authority
Gibraltar Regulatory Authority (GRA), Information Commissioner
Consent Model
Opt-in
Applies To
Organizations processing personal data in Gibraltar

Overview

Gibraltar applied the EU GDPR domestically post-Brexit, creating a full GDPR-equivalent data protection regime for this British Overseas Territory. ePrivacy-equivalent provisions apply to cookies, and the consent age is lowered to 13 (versus the GDPR's default of 16).

What This Means for Your Website

  • Full GDPR-equivalent consent requirements apply for Gibraltar visitors
  • ePrivacy-equivalent cookie consent rules are in effect
  • The consent age for data processing is 13
  • GDPR-aligned penalty tiers apply

Key Requirements

The Gibraltar Regulatory Authority (GRA) enforces data protection through the Information Commissioner. GDPR-equivalent penalty tiers apply. The full GDPR framework has been adopted into domestic law with cookie-specific provisions equivalent to the ePrivacy Directive.

How ConsentStack Handles This

ConsentStack applies GDPR-compliant consent for Gibraltar visitors with the same standards as EU GDPR compliance.

Penalties

Aligned with GDPR tiers.

Revenue-based
4% of annual revenue

Key Requirements

  • GDPR-equivalent consent requirements
  • ePrivacy-equivalent cookie rules
  • Own Information Commissioner
  • Consent age: 13

Notable Provisions

  • British Overseas Territory with full GDPR-equivalent regime
  • Consent age lowered to 13
  • ePrivacy-equivalent provisions for cookies

Other Europe Regulations

GDPREU + EEA
The GDPR sets the global standard for data protection, requiring explicit opt-in consent before processing personal data of EU/EEA residents. For websites, non-essential cookies must be blocked until visitors actively consent. Pre-ticked boxes and implied consent are invalid.
PECRUnited Kingdom
PECR is the UK's cookie-specific law, requiring consent before storing or accessing cookies. The DUAA 2025 significantly increased penalties from GBP 500,000 to GBP 17.5 million and introduced analytics exceptions on an opt-out basis. Only strictly necessary cookies are exempt.
ePrivacy DirectiveEU + EEA
Article 5(3) of the ePrivacy Directive is the primary EU legal basis requiring cookie consent. It mandates prior informed consent before storing or accessing any information on a user's device, with narrow exceptions only for transmission necessity and explicitly requested services.
UK GDPRUnited Kingdom
The UK GDPR is the retained EU GDPR post-Brexit, with consent standards identical to the EU version. The UK adequacy decision was renewed December 2025, valid until December 2031. Combined with PECR, it forms the legal framework for cookie consent in the UK.
FDPAFrance
France has the most actively enforced cookie regime in Europe. CNIL issued 259 corrective decisions in 2025, with cookie-specific fines totaling EUR 486.8 million including EUR 325M against Google. A Refuse all button or Continue without accepting must appear on the first layer.
TDDDGGermany
Germany implements the ePrivacy Directive through Section 25 of TDDDG (renamed from TTDSG in May 2024). A Consent Management Ordinance (EinwV) became effective April 2025, establishing a voluntary framework for recognized consent management services. Cookie banners must not obscure website content.

Frequently Asked Questions

Stay compliant with Gibraltar GDPR

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