Duco Digital

View Original

What Does A Data Protection Officer Do?

A Data Protection Officer (DPO) is an employee or contractor hired to oversee a company's data protection strategy and ensure compliance with the General Data Protection Regulation (GDPR). The Data Protection Officer is responsible for ensuring that the organisation complies with the GDPR by acting as the data protection expert within the organisation and acting as a liaison between employees and members of the public who can find their information used and developed by the organisation.

They are independent data protection experts who are responsible for monitoring an organisation's compliance, informing and advising on its data protection obligations, and acting as a point of contact for data subjects and the appropriate supervisory authority. These include the obligation to inform and advise the controller or data processor and the personnel performing the processing of personal data, as well as the obligation to monitor compliance with the GDPR, to cooperate with the supervisory authority, to be the contact person for such supervisory authority, also in the case of prior consultation. (Art. 36 GDPR) and provide advice in the event that a data protection impact assessment or DPIA is required.  

DPOs must have the technical knowledge to conduct a GDPR assessment, as well as a legal understanding of the privacy laws of all jurisdictions in which their organisation operates. The activities a DPO must manage may vary by company and its specific privacy law compliance needs. DPOs can help you comply with the law by providing advice and helping you comply with the law. Even though the company may face severe sanctions, the right DPO will ensure internal compliance and notify authorities of non-compliance.

The DPO also acts as a link between your organisation and the authorities, overseeing the collection and processing of data. The appointment of a DPO is mandatory for government agencies and companies that process large volumes of special categories of personal data. If you are not required by law to appoint a DPO, it is best to appoint a GDPR Officer or Data Privacy Officer to oversee compliance with the GDPR.

To that end, the GDPR requires most organisations that process personal information to designate an employee to monitor the organisation's compliance with the GDPR. If you are in their jurisdiction, you should be aware of the need to appoint a Data Protection Officer (DPO) whose role is to monitor internal compliance and ensure that the company or organisation processes personal data in accordance with applicable data privacy laws. The GDPR mandates the appointment of a DPO in every organisation that processes or stores personal data of EU citizens.

The UK GDPR does not specify the exact credentials they must have, but does state that they must be proportionate to the type of processing being performed, taking into account the level of protection required for personal data. While the GDPR does not list specific qualifications, the GDPR stipulates that the level of knowledge and experience required of an organisation's DPO should be determined based on the complexity of the data processing operations being performed. There must be a person designated by the DPO for the purposes of the UK GDPR who meets the requirements set out in Articles 37-39.

There are also provisions regarding the DPO in the event that the controller and processor is a public authority, as well as the previously mentioned fact that the DPO may be a staff member. The data controller and data processor will support the DPO in the performance of its tasks by providing resources, access to personal data and processing operations, and maintaining the special knowledge of the DPO. The data controller and the data processor are obliged to ensure the correct and timely participation of the DPO in all matters related to the protection of personal data.

Included in the text because of the responsibilities of a DPO and the many situations in which a DPO may be involved. The UK GDPR makes it clear that an organisation must appoint a DPO to carry out the tasks required by Article 39, but this does not prevent it from appointing other data protection officers as part of the team to support the DPO.

Essentially, the DPO acts as an in-house expert who can guide an organisation through the often complex data processing environment of the GDPR era. Without looking for a GDPR-wielding candidate per se, understanding this de facto standard for data privacy requirements is what many employers will use to assess eligibility for a DPO position.

The DPO also monitors privacy and data protection policies to ensure that these policies apply across all organisational units and to ensure that the organization processes personal data of data subjects (employees, customers and others) as required. DPOs also act as a point of contact between a company and any regulatory authorities (SAs) that oversee data-related activities. DPOs are employees who make sure that the company complies with the laws. DPOs are responsible for educating the company and its employees about compliance, training data processing personnel, and conducting regular security audits.

DPOs ensure that organisations comply with the GDPR and do not risk breaching their obligations, which can result in severe financial penalties (20 million euros or 4% of the organization's global revenue, whichever is greater). The concept of micro, small and medium-sized enterprises should be taken from Article 2 of the annex to Commission Recommendation 2003/361/EC '' In Article 30 of the GDPR concerning registers of processing activities (on the maintenance of a register of processing activities and a register of all categories of processing activities carried out on behalf of data controller) records of processing activities (on the maintenance of a register of processing activities and a register of all categories of processing activities carried out on behalf of the data controller), data protection officer is mentioned as the possible person responsible for such records of processing activities (“where applicable”). One of the least discussed and most intriguing aspects of the GDPR is the question of who will be responsible for making these changes to organizations. Data security is the practice of protecting information from unauthorised access, negligent loss, corruption, or theft.

 

More recently there have been some changes in the GDPR guidelines!

Make sure you check them out here:

https://www.ducodigitaltraining.com/pages/blog?p=news-edpb-adopts-guidelines-on-art-60-gdpr 

 

Useful Links:

You’ve Hired A Data Protection Officer – Now What

Everything You Need To Know About The EU Data Protection Officer

Responsibilities Of A Data Protection Officer

What Is A Data Protection Officer (DPO)

The Data Protection Officer (DPO) Role Under The GDPR

What Is A Data Protection Officer

Do You Need A Data Protection Officer Under The GDPR?

Who Is A Data Protection Officer – Role And Responsibilities

Data Protection Officers – Designation, Position And Tasks

Data Protection Officer

What Is A GDPR Data Protection Officer And Who Needs To Appoint One?

The Data Protection Officer Under The GDPR Role

ICO Guide To Data Protection For Organisations   

How To Become A Data Protection Officer – A Complete Career Guide   

 

Are you looking to upskill members of your team in data protection and the current laws so they have a better understanding of GDPR to keep your business on track and free of complaints around this? 

Or are you someone looking to futureproof your career or make a career change to earn more money?

We can help!! We offer BCS Accredited Online Course that you or your employees can do at their own speed in their own time.

 

Check out our:

Foundation Certificate in Data Protection

Practitioner Certificate in Data Protection

You can sign up for a preview or immediate access!! Don't delay get started on your data protection upskilling today.

 

At the moment as of today (Wednesday 16th March 2022) we have a special offer on the Practitioner Certificate if you’re interested in going ahead with a purchase, your discount code to use at the checkout is onetimedp200 and is worth £200 for the next 14 days. 

The final price includes VAT, the exam cost and student support via the built-in support area or by email.