Is It Legal to Sell Data Under the GDPR?

Table of Contents

Share at:

The General Data Protection Regulation (GDPR) came into effect in May 2018. However, many still fail to understand the different regulations and rules it contains. Particularly misunderstood is the law around being able to sell data. Below, we break down the legality of selling data under the GDPR, and how it can affect you.

What is the GDPR?

The GDPR is a European law on data protection and privacy for citizens of the European Union. However, it also affects all businesses that have dealings in Europe. Even if the business is not a European one, if it does significant business or has a base there, the laws will apply.

Under the GDPR, it’s necessary to protect your consumer’s data. Any company found negligent in this area may be penalised.

What data would be sold?

A common example of the data that may be sold is customer data. This is valuable as customers may be interested in accessing that client database to expand their business, or to learn further information.

However, customer data applies under ‘personal data’ for the purposes of the GDPR. This article explains in-depth the effect of personal data as regulated by the GDPR.

Is it legal to sell data?

It can be legal to sell your data under the GDPR. However, it depends on the context. Specifically, it depends on who you sell the data to and why. Below, we outline reasons that it may be illegal to sell data.

Discrimination

The data you sell can’t be sold to potentially discriminate someone based on their data. It cannot identify someone to punish them. If this is likely to occur, it is illegal to sell the data.

Accessibility

This considers how secure the data will be once sold. Officially, to be compliant with the GDPR the data must be secure. This includes from other businesses, people and even the government. This applies to companies with European Union Citizen Data.

The right to erase

The GDPR outlines that users must have the right to request their data gets removed. Who you sell the data to must be able to erase this data immediately upon request. As the seller, you must be aware of your purchaser’s intentions. Accordingly, if you’re aware they’re not going to allow the right to erase, it will be illegal to sell to that company.

Final thoughts

It can be possible to sell data whilst being in compliance with the GDPR. However, it’s important to be aware of the seller and their intentions with the data. If you knowingly turn a blind eye to the seller’s intentions, then selling the data is considered illegal. The GDPR Privacy Policy is created to abide with these laws. For further enquiries, a privacy lawyer may be able to assist.

Don’t know where to start? Contact us on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest lawyer marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

What is a Gift Deed? (2026 Update)

Planning on transferring property to someone as a gift or for no cost? You may want a gift deed. Read on to find out how gift deeds work.

How to Create a Business Sale Agreement (2026 Update)

Want to sell or purchase a business? Find out how to create a Business Sale Agreement and all the key terms you should include here.

Do You need an ABN to Sell on Facebook? (2026 Update)

Looking to sell your products or second-hand items on Facebook? Find out whether you need an ABN to sell on Facebook here.

What is a Patent? (2026 Update)

A patent is a form of legal protection which grants you exclusive commercial rights to your invention. Find out more here.

How To Write A Business Plan (2026 Update)

A business plan gives your venture direction from the outset. Read this guide to find out how you write a business plan.

A Guide to Using Employment Agreements (2026 Update)

Employment agreements let you set out the terms of employment particular to the role you're hiring for. Find out how to use them here.