GDPR Consultancy vs. Legal Advice: What’s the Difference?

In today’s data-driven world, businesses face increasing pressure to handle personal information with care and transparency. The General Data Protection Regulation (GDPR), enacted by the European Union in 2018, has set a high standard for privacy and data protection. However, as organisations strive to align with these regulations, navigating the complexities of compliance can often require expert support. Yet, confusion frequently arises over whom to turn to—should you consult a GDPR consultant or seek legal advice?

Although these two professional services are often conflated, they serve distinct roles. The right support can depend on various factors, including the nature of the issues at play, the size and maturity level of your organisation, and whether your needs are primarily operational or legal. Clarifying what each service entails is essential for making efficient and effective compliance decisions.

The Nature of GDPR Consultancy

A GDPR consultant is typically a specialist in data protection with practical experience in implementing compliance frameworks within organisations. Their role is hands-on and operational. Rather than focusing solely on what the law says, they assist businesses in applying that law in practice.

Consultants can help with a variety of critical tasks, such as performing data audits, mapping data flows, drafting policies and procedures, training staff, conducting Data Protection Impact Assessments (DPIAs), and advising on technical and organisational controls. Their role often involves demystifying legislation and translating legal requirements into specific operational steps.

This means a GDPR consultant tends to work closely with departments like IT, human resources, marketing, and customer service, ensuring that data protection is becoming part of the every-day workflow. Their mission is to integrate good data governance practices into business operations, thereby reducing the risk of non-compliance from poor implementation.

When Is a Consultant Most Useful?

Organisations often turn to GDPR consultants when building or refining their internal data protection programme. This service is especially useful if a company lacks internal expertise or if staff are already overstretched. Consultants can quickly provide capacity, perspective, and structure.

Start-ups and medium-sized businesses, in particular, may benefit from hiring a consultant over a protracted legal engagement. These companies might not need detailed legal analysis of GDPR’s legal clauses but rather pragmatic help in applying the rules. Similarly, if an organisation is undergoing digital transformation or adopting new technologies, a GDPR consultant can help align these efforts with privacy requirements from the ground up.

A consultant is also often the go-to professional for the role of an external Data Protection Officer (DPO). For many organisations, especially those not required to appoint a DPO internally, outsourcing this function to a knowledgeable consultant makes operational and financial sense.

What Legal Advice Offers That Consultancy Does Not

While GDPR consultants are valuable for interpreting and operationalising the regulation, there are limits to what they can do. When complex legal questions arise, experienced solicitors or legal experts specialising in data protection law step in. Their focus is providing opinions on legal interpretation, regulatory risk, liability, and enforcement implications.

Lawyers are trained to interpret the nuances of legal text. For example, if a company faces a regulatory investigation or a data subject initiates legal action, it’s the legal team that will advise on defence strategies and represent the organisation in proceedings. Legal advisers can draft contracts, review supplier agreements, and provide assurance that data-sharing arrangements meet statutory requirements.

One key area where legal advice becomes essential is cross-border data transfers. The rules governing international data movement—such as Standard Contractual Clauses (SCCs), Binding Corporate Rules (BCRs), and assessments under Schrems II—can be highly technical and legally complex. A GDPR consultant may flag the issue, but a lawyer is needed to evaluate the legal justification and draft appropriate clauses.

Furthermore, when internal decisions could lead to civil or criminal liability, or if financial penalties are at stake, legal advice is non-negotiable. A consultant may advise on the process, but legal counsel provides the protection.

Where the Two Disciplines Overlap

Despite their differences, the work of consultants and legal professionals frequently intersects. In many cases, both are necessary to build a holistic compliance programme.

For instance, imagine a company is conducting a major review of its customer relationship management system to ensure it meets data protection standards. A GDPR consultant may map out data flows, propose updates to processes, and run risk assessments. At the same time, a solicitor may intervene to review consent mechanisms, verify the legitimacy of processing under Article 6, and ensure that appropriate notices are legally sound.

Successful organisations often encourage collaboration between these functions. Consultants provide implementation expertise, while lawyers ensure that the compliance foundations are legally rigorous. In some firms, consultants and lawyers even work together within the same advisory team to deliver integrated support.

The trend towards multidisciplinary teams reflects the modern reality of GDPR compliance: it’s both a legal necessity and a practical exercise. No single perspective is sufficient, and an adversarial or siloed approach can leave gaps in governance or expose an organisation to avoidable risk.

Regulated Professions and Accountability

One important distinction between consultancy and legal advice lies in professional regulation. Legal professionals—solicitors and barristers—are governed by strict codes of conduct, carry professional indemnity insurance, and are accountable to regulatory bodies such as the Solicitors Regulation Authority (SRA).

Clients who receive negligent legal advice often have a route to redress, whether through complaint mechanisms or legal claims. This regulated framework provides a level of assurance, especially when significant commercial, reputational, or financial risks are at stake.

By comparison, although many GDPR consultants are highly experienced and qualified, they are not always part of a regulated profession. That does not mean they are not competent—indeed, many operate within associations like the International Association of Privacy Professionals (IAPP) and hold certifications such as CIPP/E, CIPM, or ISO 27001 lead auditor status. However, clients should exercise due diligence when engaging consultants to verify their background, commercial standing, and track record.

Businesses should match the level of risk with the type of advice they seek. Operational rollout may be best handled by a consultant with a hands-on approach. However, when a company must answer to the Information Commissioner’s Office (ICO) or defend its actions in a tribunal, a regulated solicitor offers a layer of legal protection a consultant cannot.

Cost Considerations and Value for Money

Budget can also influence the choice between a GDPR consultant and legal advice. Legal services, especially from large firms, usually come at a higher cost, reflecting the risk and expertise involved. Nonetheless, that cost can be justified when governance questions are complex or litigation looms.

On the other hand, consultancy services often deliver good value for money in the context of long-term project support, staff training, or policy design. Many consultants offer flexible arrangements, such as daily rates or part-time DPO roles, which can make them more accessible for small and medium-sized enterprises.

An emerging model is the hybrid service package, where clients have access to a consultant for day-to-day issues and can escalate legal questions to a solicitor when necessary. This approach gives organisations a balanced solution—cost-effective compliance support, with legal cover when required.

Making an Informed Choice

Choosing the right professional support starts with identifying your needs. Ask yourself:

– Is the issue about implementing or improving GDPR compliance processes?

– Are there potential legal liabilities or complex regulatory questions?

– Do I need internal capacity, or am I preparing for a specific legal challenge?

– Is this an operational issue (like employee training or policy development), or a legal matter (like interpreting lawful basis or reviewing contracts)?

If your concerns are around building programme maturity, embedding processes, or improving staff engagement with GDPR principles, a consultant may be exactly what you need. However, if you’re approached by a regulator, facing a complaint, or dealing with contractual ambiguity, then legal advice from a trained and regulated solicitor is indispensable.

Conclusion: Collaboration Over Competition

Ultimately, compliance with data protection regulations is not a binary choice between consultants and lawyers. The most effective solutions often involve a combination of both. As the regulatory landscape continues to evolve, organisations benefit from multidimensional perspectives and expertise.

While GDPR consultants excel at operational practice and working within organisations to guide practical implementation, legal advisers provide the interpretive depth and defence needed when stakes are high. Each brings something vital to the table.

By understanding the scope, competence, and limitations of both professions, businesses can build more resilient, informed, and dynamic GDPR compliance programmes. In an era of growing privacy scrutiny and rising expectations, making that informed decision is not only smart but essential to long-term success.