Data protection officer: When do you need one under the GDPR?

When does a data protection officer become a legal obligation?

For a few years now, the General Data Protection Regulation (GDPR) is effective throughout the European Union (EU).

And it will be a Data Protection Officer (DPO) in most institutions, especially companies that personal data is required to be appointed. This individual is appointed based on their expertise in data protection law and data protection practices and serves as the point of contact for data protection issues and as an overseer to ensure compliance with data protection regulations.

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When does a data protection officer have to be appointed under the GDPR?

After GDPR is specified from when data protection officers Responsible persons or the data processor must designate a data protection officer in writing.

For example, if a company has 20 or more employees involved in the processing of personal data, that is, if a public agency or a government agency, with the exception of courts, provided they are acting in their judicial capacity.

Data protection officers are required when the core activities of the controller or processor necessitate systematic monitoring due to the nature, scope, or scale of the data processing involving data subjects. In addition, a data protection officer must be appointed if personal data in certain cases of criminal convictions or Criminal offenses be processed.

In other cases and regardless of the number of employees, a data protection officer may be appointed in accordance with GDPR However, this is often only required for very specific and extensive personal data processing. This includes personal data processing relating to political/religious beliefs, ethnicity/race, health and sex life.

In the case of corporate groups, government agencies, or public bodies, a data protection officer may be appointed in accordance with Article 37, taking into account the organizational structure and the size of the entity, provided that the data protection officer is available at all times.

When do you need a data protection officer?

Despite the new GDPR this applies Federal Data Protection Act (BDSG) where the GDPR does not have any specific regulations. So, when do you need a data protection officer? According to the BDGS, a data protection officer is mandatory if 10 or more people personal data process automatically. In addition, companies must appoint a data protection officer in writing if they process data on a business basis personal data transmit, transmit anonymously, or process for market research or opinion polling purposes.

If your company has not assessed whether it needs to appoint a data protection officer, we recommend that you conduct such an assessment.

You can find more information here about the obligation to Data Protection Impact Assessment:

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Fines Imposed Under the GDPR can result in costly penalties. Even if this data protection officer is simply appointed correctly, the company is protected from fines. This is formally finalized in writing with a signed certificate of appointment issued by management.

To summarize when a Data Protection Officer is needed; A Data Protection Officer is a person with expertise in data protection law who advises an organization on data protection law and ensures that data protection regulations are complied with. They are necessary when certain data is processed and a Infringement failure to comply with these regulations may result in severe sanctions by the GDPR be punished.