General Data Protection Regulation (GDPR) is a privacy protection law that has far-reaching implications. And at the root of it all are the significant structural changes that the organisations have to make to be compliant with the GDPR. The cost of compliance is high, and no one wants to be on the wrong side of GDPR. Appointing a Data Protection Officer (DPO) happens to be one such requirement. However, it is not an entirely fresh concept. Many organisations already have such a role in place either as a mandatory requirement in their country or to set the industry benchmark. But, for the first time, appointing a DPO has become a compulsory requirement for such a large pool of organisations.

Under GDPR, is it mandatory for every organisation to hire a data protection officer? What are their roles and responsibilities? Who do they report to? And many such questions are still lingering in the minds of the executives who have been entrusted with the task of making their respective organisations GDPR compliant. Here is everything there is to know about a DPO.

Who is a Data Protection Officer (DPO)?

A DPO is a leadership position detailed in the GDPR document. The primary responsibility of the DPO is to make sure that a proper GDPR strategy is in place in organisations and to supervise its smooth implementation. It is necessarily an executive level position in organisational data management and security.

Does Every Company Need a DPO?

The appointment of a Data Protection Officer (DPO) is essential when an organisation falls into one of the following categories:

• Public Authority:

• Core Data processor and controllers:

• Large-scale data processor and controllers:

• Processing Sensitive Data:

• Appointment, Responsibilities, and Liabilities of a DPO

Once the organisation has ascertained whether they must appoint a DPO. The next step is to understand the roles and responsibilities of a DPO under GDPR.

✓ The Appointment

A DPO should be appointed based on professional competence and more importantly, the knowledge of data protection and privacy landscape. The knowledge of the DPO should be a function of the nature of the data processing operations and the degree of protection required. A DPO should also have a complete understanding of the data processing operations of the organisation and should have expert knowledge of data protection laws of the country as well as GDPR. A Data Protection Officer (DPO) can be both internal and external.

✓ The Responsibilities

A Data Protection Officer (DPO) must be apprised of and should be involved in all the issues related to data protection law and practices at the earliest since it is their responsibility to ensure compliance with GDPR. They have to create processes and oversee the security of the data and to conduct periodic data protection impact assessments. Since the primary role of a DPO is to monitor an organisation’s compliance with GDPR. They cannot hold any other position within the organisation.

✓ The Liability

It is critical that organisations have complete clarity over who is held liable in the case of non-compliance. It is interesting to note here that the DPO cannot be personally held responsible. If there is a breach of the regulation, it is still the data controller and processor that will be held liable. Of course, it is the organisation’s call to determine if they want to appoint another DPO, but that’s an entirely different matter altogether.

The Way Forward

An organisation should ascertain whether they have to mandatorily appoint a DPO under GDPR or not. If they do not have to, they can still create a position. However, they should know that even if they choose to appoint a DPO by choice, they will have to abide by the same set of rules as an organisation for which it is mandatory to appoint a DPO. If an organisation is not required to and does not want to appoint a DPO, it is recommended that they do document the reason for not doing so. Given the hefty amounts of fines amounting up to €20 million or 4% of the global turnover, appointing a Data Protection Officer (DPO) is a smart decision on the part of the organisations. They must have a dedicated professional looking after the GDPR compliance and raising a red flag whenever there is an infringement or any potential of it. A DPO appointment also works well in favour of the organisation, if there is a breach.

It is already common knowledge that the regulatory authorities take infringement cases on an individual basis. So, if the organisation does find itself a victim of a breach, an active DPO is an indication that the organisation took all the steps to ensure the security of the data and its processing. This way, they can save themselves the heavy cost of fines and penalties.

A DPO has a significant role to play in making the whole GDPR regime a success. With a DPO in place, organisations will find it easier to comply with GDPR, and they can do business as usual, without worrying about flouting the laws all the time. They know the DPO is always watching. What do you think about this new compliance requirement? Is it only a cost or a valuable addition to the organisation and the data & privacy landscape?