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Privacy by Design

Published
AS
AuthorAdam Safar

Privacy by Design definition

Privacy by design means embedding data protection into systems, products, and processes from the outset, a concept created by Ann Cavoukian in the 1990s.

Summarize full article with:

Privacy by design is the practice of building data protection and privacy safeguards into a system, product, or process from the very start, rather than adding them after launch. The concept was developed by former Ontario privacy commissioner Ann Cavoukian in the 1990s and now underpins GDPR Article 25, which requires organizations to apply data protection by design and by default when processing personal data.

Key facts about privacy by design

  • Definition: embedding privacy and data protection into systems, products, and processes from the design stage onward

  • Origin: developed by Ann Cavoukian, former Information and Privacy Commissioner of Ontario, in the 1990s

  • Legal basis: formalized under GDPR Article 25 as data protection by design and by default

  • Core framework: 7 foundational principles covering proactive planning, default settings, and full lifecycle security

  • Related concept: privacy by default, which focuses specifically on automatic privacy-protective settings

  • Also expected under: Canada's PIPEDA, Brazil's LGPD, and other global privacy laws

What does privacy by design mean?

Privacy by design means treating privacy as a design requirement, not an afterthought. Instead of building a product first and adding privacy controls once a regulator or customer raises a concern, teams identify privacy risks during planning and design the system to avoid them from the outset.

GDPR Article 25 turned this into a legal obligation across the EU in 2018. Organizations must implement technical and organizational measures, such as pseudonymization and data minimization, both when deciding how to process personal data and throughout the life of the system.

Privacy by design vs privacy by default

The two concepts are related but not identical. Privacy by design is about embedding privacy safeguards into a system throughout its lifecycle. Privacy by default means the most privacy-protective settings apply automatically, without a user needing to change anything. GDPR treats them as separate obligations under Article 25(1) and 25(2) respectively. For a full side-by-side comparison and a breakdown of all 7 principles, see our guide to the 7 principles of privacy by design.

Why privacy by design matters

Businesses that build privacy in from the start tend to face lower breach risk and avoid the cost of retrofitting fixes after launch. It also signals to customers, partners, and regulators that data protection is part of how a company operates, not a reaction to a complaint or a fine.

While GDPR is the best-known source of this requirement, similar expectations appear in Brazil's LGPD, Canada's PIPEDA, and other privacy frameworks, so the concept matters even for organizations outside the EU.

Related privacy terms

Commonly asked questions

No. Privacy by design covers embedding privacy into a system throughout its lifecycle, while privacy by default means the most privacy-protective settings apply automatically. They're related but separate obligations under GDPR Article 25.

Ann Cavoukian, the former Information and Privacy Commissioner of Ontario, Canada, developed the concept and its 7 foundational principles in the 1990s.

Yes, for most organizations processing personal data from EU residents. GDPR Article 25 requires data protection by design and by default, and comparable requirements exist under other privacy laws globally.

Setting a new user's data-sharing preferences to off until they actively opt in, rather than collecting data by default, is a common example of privacy by design in practice.

Adam Safar

Head of Digital Marketing

Adam is the Head of Digital Marketing at Clym, where he leverages his diverse expertise in marketing to support businesses with their compliance needs and drive awareness about data privacy and web accessibility. As one of the company’s original team members, Adam has been instrumental in shaping its journey from the very beginning. When he’s not diving into marketing strategies, Adam can be found cheering on his favorite sports teams or enjoying fishing.

Find out more about Adam