Compliance for tech start-ups: get it right from day one

Technology start-ups frequently defer compliance until an investor, a large client, or a regulator demands it. But the cost of correcting compliance problems at a late stage — when the company already has hundreds of clients, employees, and data — is exponentially higher than implementing it correctly from the outset. A SaaS service that has been operating for two years without a correct privacy policy or without a record of processing activities in accordance with the GDPR may face fines and, worse, the loss of enterprise client contracts that require demonstrated compliance.

Since 2010 · 16 years Tax agent AEAT

Pick a slot in the specialist's calendar.

Tell us when to call and a partner will contact you in your chosen window.

Write to us and we'll reply within 24 business hours.

Data processed in the EU · GDPR · No commitment

Why BM Consulting

Specialised advice and personal service

At BMC we design compliance programmes adapted to the lifecycle and resources of tech start-ups: from the minimum compliance required at seed stage through to the comprehensive programmes demanded to close enterprise contracts or attract institutional investment. We cover GDPR and data protection, the AI Act, sectoral regulatory compliance, and corporate criminal liability.

  • Tech start-ups face direct corporate criminal liability under Art. 31 bis CP for offences committed by employees or directors — GDPR violations that cross into Art. 197 CP criminal privacy offences are the most frequent tech-sector risk.

  • The EU AI Act classifies AI systems by risk level

    high-risk AI in healthcare, employment, or education requires conformity assessment and documentation before market deployment — non-compliance is an enforcement risk from 2026.

  • Enterprise SaaS contracts require DPAs with European Commission standard contractual clauses, ISO 27001 or SOC 2 evidence, and sub-processor policies — absent this documentation, large corporate and public sector contracts are unwinnable.

  • A whistleblowing channel is mandatory for start-ups with 50+ employees under Ley 2/2023; institutional investors and enterprise clients require it even below the threshold — build it at Series A regardless of headcount.

How we work

From first contact to case completion

  1. Basic compliance (seed/pre-seed stage)

    Privacy and cookie policies compliant with the GDPR, terms and conditions of service, legal notice, data processing agreement for providers that process user data, and DPIA (Data Protection Impact Assessment) for high-risk processing activities. Foundational documentation to be audit-ready.

  2. Investor-ready compliance (pre-round)

    We prepare the compliance data room for due diligence: record of processing activities, analysis of past security breaches, data retention policy, analysis of international data transfers, and the position regarding the AI Act if the start-up uses AI in its product.

  3. Enterprise client compliance

    We develop the compliance documents that large clients require from their suppliers: DPA (Data Processing Agreement) in accordance with the European Commission's standard contractual clauses, completed security questionnaire, incident management policy, and evidence of GDPR compliance.

  4. Criminal compliance and whistleblowing channel

    For start-ups with more than 50 employees, we implement the whistleblowing channel required by Act 2/2023 and design the criminal compliance programme adapted to the specific risks of the business model: computer offences, data protection, money laundering on fintech platforms.

Self-check · 45 seconds

Do you need this service?

Answer three questions and we'll show you the most relevant service for your case.

Do you currently reside in Spain?
Do you have assets or income in another country?
Have you received or are you expecting an inheritance?
Are you considering setting up a company?
Answer to see your recommended services.

The problem

Technology start-ups frequently defer compliance until an investor, a large client, or a regulator demands it. But the cost of correcting compliance problems at a late stage — when the company already has hundreds of clients, employees, and data — is exponentially higher than implementing it correctly from the outset. A SaaS service that has been operating for two years without a correct privacy policy or without a record of processing activities in accordance with the GDPR may face fines and, worse, the loss of enterprise client contracts that require demonstrated compliance.

Our solution

At BMC we design compliance programmes adapted to the lifecycle and resources of tech start-ups: from the minimum compliance required at seed stage through to the comprehensive programmes demanded to close enterprise contracts or attract institutional investment. We cover GDPR and data protection, the AI Act, sectoral regulatory compliance, and corporate criminal liability.

Process

How we do it

1

Basic compliance (seed/pre-seed stage)

Privacy and cookie policies compliant with the GDPR, terms and conditions of service, legal notice, data processing agreement for providers that process user data, and DPIA (Data Protection Impact Assessment) for high-risk processing activities. Foundational documentation to be audit-ready.

2

Investor-ready compliance (pre-round)

We prepare the compliance data room for due diligence: record of processing activities, analysis of past security breaches, data retention policy, analysis of international data transfers, and the position regarding the AI Act if the start-up uses AI in its product.

3

Enterprise client compliance

We develop the compliance documents that large clients require from their suppliers: DPA (Data Processing Agreement) in accordance with the European Commission's standard contractual clauses, completed security questionnaire, incident management policy, and evidence of GDPR compliance.

4

Criminal compliance and whistleblowing channel

For start-ups with more than 50 employees, we implement the whistleblowing channel required by Act 2/2023 and design the criminal compliance programme adapted to the specific risks of the business model: computer offences, data protection, money laundering on fintech platforms.

Compliance for start-ups: doing it right from the outset costs less

Compliance in a start-up is not bureaucracy: it is an asset with real value at every funding round and in every enterprise contract. Institutional investors conduct compliance due diligence before investing. Large clients audit their SaaS providers before signing. And GDPR fines for serious breaches can halt a growing start-up.

At BMC we design compliance programmes adapted to the reality of each stage of a start-up’s lifecycle: without unnecessary bureaucracy in the early stages, with the robustness that institutional investors and enterprise clients demand when the company scales. The objective is for compliance to be a growth enabler, not a constraint.

GDPR: the most urgent compliance requirement for any digital product

Any digital product that processes users’ personal data — and virtually all do — is subject to the GDPR from the first user. The obligations are real and the consequences of non-compliance equally so: the AEPD can fine up to 4% of global annual turnover, and in 2024 imposed fines of several million euros on mid-sized Spanish technology companies.

We help start-ups implement GDPR compliance in a practical way: a privacy policy that users actually understand, consent management for cookies and marketing, a record of processing activities, a DPA with all providers that process data, and a security breach response protocol.

AI Act: the new compliance framework for AI products

The European AI Regulation is the new compliance challenge for technology start-ups that incorporate AI into their products. The classification of the AI system as high-risk, limited-risk, or minimal-risk determines the level of obligations. Start-ups in medtech, edtech, fintech, or HR tech that use AI in their decision-making processes must already analyse whether their system falls into the high-risk category.

We carry out the AI system classification analysis in accordance with the AI Act, identify the applicable obligations, and design the phased implementation plan.

DPA and enterprise documentation: the passport for selling to large clients

Large clients — banks, insurers, the public sector, multinationals — have supplier approval processes that include a thorough review of data protection compliance. Without a DPA compliant with the European Commission’s standard contractual clauses, without solid answers to the security questionnaire, and without evidence of GDPR compliance, it is virtually impossible to pass the approval process.

We develop the compliance documentation each enterprise client requires and support the start-up throughout the approval process.

Contact our compliance and data protection team for an assessment of your start-up’s compliance position.

FAQ

Frequently asked questions

From the first day on which the start-up processes personal data of users or clients, the GDPR obligations apply: informing users of how their data is processed (privacy policy), obtaining consent where that is the applicable legal basis, implementing appropriate technical and organisational security measures, managing requests to exercise rights (access, rectification, erasure), notifying security breaches to the AEPD within 72 hours, and maintaining a record of processing activities. GDPR fines can reach 4% of global annual turnover.
The EU Artificial Intelligence Regulation (AI Act) classifies AI systems by risk level and imposes different obligations depending on the classification: high-risk AI systems (in sectors such as healthcare, education, employment, and essential services) are subject to strict transparency, conformity assessment, and documentation obligations; limited-risk systems (chatbots, content generators) have transparency obligations towards users; minimal-risk systems have few obligations. Start-ups that develop or use AI in their products must analyse which category their system falls into and what obligations this entails.
Large enterprise clients — particularly in regulated sectors such as banking, healthcare, or public administration — require their SaaS providers to have comprehensive compliance documentation: a DPA with the European Commission's standard contractual clauses, a detailed security questionnaire (technical controls, encryption, access management, backups, disaster recovery), security certifications such as ISO 27001 or SOC 2, and a sub-processor policy (who else accesses client data). Without this documentation, it is virtually impossible to close contracts with large corporations or the public sector.
The DPO (Data Protection Officer) is responsible for overseeing GDPR compliance within an organisation. Their appointment is mandatory when the organisation's core activities consist of large-scale processing of special category data or systematic monitoring of individuals. For most start-ups, the DPO is not mandatory but is recommended if they process sensitive data (health, financial, children's data) or have many users. At BMC we offer the external DPO as a service: we perform the DPO functions without the start-up needing to recruit internally.
Act 2/2023 on whistleblower protection requires a whistleblowing channel for companies with 50 or more workers. For start-ups that exceed this threshold — which typically occurs at Series A or Series B stage — implementing the channel is a legal obligation. Moreover, even if the start-up is not obliged to do so, institutional investors and large enterprise clients include the whistleblowing channel in their due diligence and supplier compliance requirements.
Yes. Under Article 197 and following of the Penal Code, offences against privacy — including unauthorised access to computer systems, interception of communications, and the disclosure of personal data without consent — can give rise to corporate criminal liability if an employee or director commits them in the exercise of their activity. Since 2010, legal entities are direct criminal defendants. A start-up that processes large volumes of user data and has a security breach resulting from deliberate insider action faces potential criminal exposure in addition to the AEPD administrative sanction. The criminal compliance programme for a tech start-up must include internal access controls, a data breach response protocol, and employee training on the criminal boundaries of data processing.

Related services

Hub Ai Act Regulation
View all services in this area

Speak with a specialist

Complimentary first call. No commitment. Response within 1 hour during office hours.

Free first consultation 30 minutes with a specialist in your area
Fixed quote before we start No surprises, no success fees
Registered tax agent Electronic filing of all tax returns

4.8/5 · Data processed in the EU · GDPR · No commitment

Frequently asked questions

Questions about Compliance for Tech Start-ups and Scale-ups

From the first day on which the start-up processes personal data of users or clients, the GDPR obligations apply: informing users of how their data is processed (privacy policy), obtaining consent where that is the applicable legal basis, implementing appropriate technical and organisational security measures, managing requests to exercise rights (access, rectification, erasure), notifying security breaches to the AEPD within 72 hours, and maintaining a record of processing activities. GDPR fines can reach 4% of global annual turnover.
The EU Artificial Intelligence Regulation (AI Act) classifies AI systems by risk level and imposes different obligations depending on the classification: high-risk AI systems (in sectors such as healthcare, education, employment, and essential services) are subject to strict transparency, conformity assessment, and documentation obligations; limited-risk systems (chatbots, content generators) have transparency obligations towards users; minimal-risk systems have few obligations. Start-ups that develop or use AI in their products must analyse which category their system falls into and what obligations this entails.
Large enterprise clients — particularly in regulated sectors such as banking, healthcare, or public administration — require their SaaS providers to have comprehensive compliance documentation: a DPA with the European Commission's standard contractual clauses, a detailed security questionnaire (technical controls, encryption, access management, backups, disaster recovery), security certifications such as ISO 27001 or SOC 2, and a sub-processor policy (who else accesses client data). Without this documentation, it is virtually impossible to close contracts with large corporations or the public sector.
The DPO (Data Protection Officer) is responsible for overseeing GDPR compliance within an organisation. Their appointment is mandatory when the organisation's core activities consist of large-scale processing of special category data or systematic monitoring of individuals. For most start-ups, the DPO is not mandatory but is recommended if they process sensitive data (health, financial, children's data) or have many users. At BMC we offer the external DPO as a service: we perform the DPO functions without the start-up needing to recruit internally.
Act 2/2023 on whistleblower protection requires a whistleblowing channel for companies with 50 or more workers. For start-ups that exceed this threshold — which typically occurs at Series A or Series B stage — implementing the channel is a legal obligation. Moreover, even if the start-up is not obliged to do so, institutional investors and large enterprise clients include the whistleblowing channel in their due diligence and supplier compliance requirements.
Yes. Under Article 197 and following of the Penal Code, offences against privacy — including unauthorised access to computer systems, interception of communications, and the disclosure of personal data without consent — can give rise to corporate criminal liability if an employee or director commits them in the exercise of their activity. Since 2010, legal entities are direct criminal defendants. A start-up that processes large volumes of user data and has a security breach resulting from deliberate insider action faces potential criminal exposure in addition to the AEPD administrative sanction. The criminal compliance programme for a tech start-up must include internal access controls, a data breach response protocol, and employee training on the criminal boundaries of data processing.
Email
Contact