GDPR for Schools: Compliance for Educational Institutions

The General Data Protection Regulation (GDPR) applies to all EU schools as data controllers, requiring comprehensive compliance measures to protect the personal data of students and staff. Since May 2018, educational institutions within the EU must implement strong data protection policies, appoint qualified data protection officers, and demonstrate compliance with GDPR requirements or face significant penalties, including hefty fines. 

These obligations are part of a broader legal framework that includes the Data Protection Act and UK GDPR, which together govern data privacy in schools. The introduction of new legislation has brought stricter requirements for schools, increasing the need for diligent compliance.

Schools handle vast amounts of sensitive information daily, including student academic records and special educational needs data, as well as staff employment files and parental contact details. Certain types of personal data, such as health information or data relating to children, require special handling under GDPR. This creates substantial legal obligations under data protection laws that extend far beyond basic privacy notices.

This guide covers specific GDPR obligations for schools, compliance steps, risk management, and ongoing requirements.

Key Takeaways

• Key areas of GDPR compliance for schools include breach notification, the appointment of a Data Protection Officer (DPO), upholding individual rights, and ensuring compliance with proper consent requirements.

• Schools must appoint independent data protection officers and maintain comprehensive records of processing activities under GDPR.

• Effective data protection policies require ongoing staff training, regular audits, and robust third-party supplier management.

GDPR in the Educational Context

The EU General Data Protection Regulation is a data protection law that has applied across all EU member states since May 2018, establishing strict compliance requirements for educational institutions. Schools process personal data as part of their core academic mission and must comply with GDPR requirements, making them data controllers subject to strict legal obligations.

Personal data in the school context encompasses student academic records, attendance data, behavioural assessments, special educational needs information, medical records, staff employment files, parental contact details, and data from educational technology platforms. Schools also process special category data, including health information, biometric data for access control, and ethnicity data for equality monitoring.

Schools function as data controllers because they determine the purposes and means of processing personal data, and have a legal obligation to ensure data is managed securely and in accordance with GDPR. When schools use third-party educational software or cloud services, those providers typically act as data processors, creating additional compliance obligations around supplier management and data processing agreements. Under schools’ GDPR, institutions must also report data breaches, appoint a Data Protection Officer, obtain consent where necessary, and respect individual rights, with significant penalties for non-compliance.

GDPR Principles for Schools

Lawfulness, fairness and transparency require schools to establish a valid lawful basis for processing personal data and provide clear privacy notices explaining how student and staff information is collected, used, and shared. Most schools rely on public tasks as their primary lawful basis for core educational activities, with consent required for non-essential processing, such as marketing communications or optional educational apps. All processing activities must comply with GDPR requirements.

Purpose limitation means schools cannot use personal data for any purpose other than that for which it was collected. Student data collected for educational delivery cannot be repurposed for commercial profiling or shared with third parties for marketing without explicit consent.

Data minimisation and accuracy requirements mandate that schools collect only necessary personal data and maintain accurate, up-to-date records. This connects to the main GDPR concepts by establishing boundaries around data collection and creating ongoing obligations for record management across all school processing activities.

Individual Rights in School Settings

Students and parents have a fundamental right to access their personal data through a subject access request, request corrections of inaccurate information, and, in certain circumstances, request the erasure of unnecessary data. Subject access requests must be responded to within one month, requiring schools to compile comprehensive records across multiple systems.

The right to object to data processing allows individuals to challenge processing based on legitimate interests, while data portability enables the transfer of digital records between educational institutions. Building on GDPR principles, these rights create specific procedural obligations requiring schools to establish standardised workflows for handling requests and maintaining detailed documentation of their responses.

Schools must balance individual rights with their educational mission and legal obligations, particularly around safeguarding data that cannot be erased due to child protection requirements, and must ensure the protection of young people’s data at all times.

Mandatory GDPR Requirements for Schools

Requirement	Description	Key Points
Data Protection Officer (DPO) Appointment	Most schools must appoint independent DPOs because they are public authorities processing large volumes of personal data. DPOs must have expert knowledge of data protection laws, maintain independence from school management, and report to senior leadership. Responsibilities include monitoring GDPR compliance, conducting impact assessments, providing advice and guidance on data protection compliance, serving as the supervisory authority contact, and training staff. Maintained schools have specific obligations under GDPR and must ensure their DPOs are accessible. Multi-Academy Trusts can share DPOs if accessible across sites.	Mandatory for all public schools and many private institutions handling sensitive data.
Data Breach Notification Requirements	Schools must notify the relevant supervisory authority, the Information Commissioner’s Office, within 72 hours of any data breach or personal data breach that poses a high risk to individual rights and freedoms. High-risk breaches often involve sensitive data or affect many individuals. Schools must maintain detailed breach registers, document incidents, affected individuals, containment measures, and lessons learned. Direct notification to affected individuals is required when the risk is high, with clear explanations of the incidents and the protections.	The breach notification timeline is non-negotiable: 72 hours, regardless of school size or incident complexity.
Records of Processing Activities (RoPA)	Schools must document all processing activities in accordance with Article 30, including data categories, purposes, legal bases, retention periods, and data sharing. This includes educational software, student systems, third-party processors, and international data transfers. Pre-populated data maps help identify everyday processing activities, such as attendance systems, assessment platforms, behaviour tools, communication apps, and cloud services. RoPA must cover every processing activity without exception.	RoPA must document every processing activity, including seemingly minor educational apps or communication tools.

Implementing these requirements forms the foundation for comprehensive GDPR and data protection compliance programs that address ongoing obligations.

Key Points:

• A DPO appointment is mandatory for all public schools and many private institutions handling sensitive data.

• The breach notification time is non-negotiable: 72 hours, regardless of school size or incident complexity. That handles every document-processing activity, including seemingly minor educational apps and communication tools.

Implementing these requirements forms the foundation for comprehensive GDPR compliance programs that address ongoing obligations.

GDPR Compliance Implementation

Systematic implementation builds on mandatory requirements by establishing practical procedures that transform legal obligations into operational capabilities across school administration, teaching, and third-party relationships. Ensuring data privacy is a core aspect of this process, as schools must safeguard personal information in line with UK data protection laws. The goal is to become GDPR-compliant by systematically implementing policies and practices that meet the required standards.

When mapping data flows, schools should also consider how personal data is shared with other organisations. It is essential to ensure compliance in these interactions, coordinating privacy practices and adhering to GDPR requirements when working with external partners or organisations.

School GDPR Audit Process

When to use this: For initial compliance assessment and annual reviews to identify gaps and maintain ongoing compliance.

Inventory all personal data held by the school, including student academic records, special educational needs files, behavioural data, staff employment records, parental contact information, and data stored in educational technology platforms. It is essential to document all personal data the school holds to demonstrate compliance with UK GDPR. Document data locations across paper files, local servers, cloud services, and third-party applications.

Map data flows between third-party suppliers and external organisations to understand how personal data moves through educational processes. Track data sharing with local authorities, examination boards, educational technology providers, and other schools for student transfers.

Review privacy notices for students, parents, and staff to ensure GDPR compliance, including explanations of processing purposes, legal bases, retention periods, individual rights, and the data protection officer’s contact information. Update notices to reflect current processing activities and technology usage.

Assess data security measures and identify compliance – update reviewing access controls, encryption standards, backup procedures, and staff training effectiveness. Evaluate technical and organisational measures against current threats and regulatory expectations.

Beyond GDPR

Beyond GDPR, schools must comply with additional legislative frameworks that strengthen child data protection in educational settings.

The Protection of Freedoms Act 2012 imposes specific requirements for the use of biometric data, requiring schools to obtain written parental consent before collecting or processing children’s biometric information (such as fingerprints or facial recognition for lunch systems), and allowing pupils to refuse participation, with the child’s objection overriding parental consent.

The Online Safety Act, now fully implemented, requires educational platforms and learning management systems that enable user interaction or content sharing to implement age-appropriate safety measures, transparency controls, and harmful content filters, with compliance assessed against the Age Appropriate Design Code.

The EU AI Act, applicable to schools using AI systems in educational processes, classifies educational AI as high-risk and mandates rigorous impact assessments, transparency measures (including watermarking AI-generated content), and strict prohibitions on AI systems that exploit children’s cognitive vulnerabilities or manipulate their behaviour.

Additionally, the Council of Europe’s Convention 108+ and supporting guidelines establish binding standards for children’s digital rights in educational settings, requiring child-centred design principles and enhanced protection for minors’ intellectual development and autonomy in the digital environment.

Schools implementing educational technology must conduct compliance audits across all these frameworks to ensure comprehensive protection of child data.

Common Challenges

Schools encounter predictable obstacles during GDPR implementation that require structured approaches combining legal compliance with practical educational delivery requirements. For example, a school may struggle to obtain proper parental consent before collecting and sharing students’ personal data for extracurricular activities.

Managing Third-Party Educational Software Compliance

Solution: Establish data processing agreements with all educational technology suppliers that clearly define controller-processor relationships, specify processing limitations, require appropriate security measures, and include data deletion obligations. Supplier assessment procedures should evaluate vendors’ GDPR compliance capabilities before procurement decisions.

Regular contract reviews ensure agreements remain current with changing educational needs and evolving regulatory data protection guidance.

Handling Subject Access Requests from Parents and Students

Solution: Implement a standardised SAR workflow with designated staff responsible for request intake, data compilation across multiple systems, legal review for exemptions or redactions, and timely response delivery within one month. Maintain detailed logs of all requests and responses for compliance monitoring.

Procedures must balance transparency obligations with safeguarding requirements and other pupils’ privacy rights when compiling comprehensive responses.

Staff Training and Ongoing GDPR Awareness

Solution: Deliver GDPR training covering practical scenarios relevant to teaching staff, administrative personnel, and senior leadership, with annual refreshers to address regulatory updates and emerging risks. Training content should emphasise day-to-day data handling practices rather than abstract legal concepts.

Compliance monitoring through regular assessments and incident analysis helps identify training effectiveness and areas requiring additional support, ensuring proactive compliance management across the school community.

Conclusion

GDPR compliance is an ongoing obligation that requires systematic approaches that integrate data protection requirements with educational delivery and administrative efficiency. Schools must view compliance as a continuous process rather than a one-time implementation project.

Successful compliance programs combine mandatory requirements, such as DPO appointment and breach notification procedures, with practical measures for third-party supplier management, staff training, and individual rights procedures. Regular audits and compliance monitoring ensure schools maintain effective data protection policies while adapting to changing educational technology and regulatory guidance.

FAQ

What legal basis do schools use for processing student data?

Most schools rely on “public task” as their primary legal basis for core educational activities like attendance tracking, academic assessment, and behaviour management. Consent is typically required only for non-essential activities, such as marketing communications, optional educational apps, or the use of student images for publicity purposes.

How long do schools have to respond to subject access requests?

Schools must respond to subject access requests within one month of receiving a valid request. This timeframe includes gathering data from multiple systems, reviewing for potential redactions to protect other individuals’ privacy, and preparing the response in an accessible format for the requester.

Do small schools need to appoint a data protection officer?

Most public schools and many private institutions must appoint DPOs due to their status as public authorities or because they handle large volumes of sensitive personal data. Small schools can share DPOs with other institutions or engage external specialists, but the officer must remain accessible and able to monitor compliance across all processing activities effectively.

Note: This content was created with AI assistance.