The Data Protection Officer (DPO) is an individual who ensures that the business (as data controller or processor) complies with the UK GDPR (United Kingdom General Data Protection Regulations). He or she will not become personally liable for breaches and does not need any special qualifications but should have a good experience, knowledge and understanding of data protection requirements so the business can fulfil its obligations.
The larger the organisation and the more data controlled and processed, the more experienced and knowledgeable the DPO should be. The DPO should also really understand the nature of the business so that customer journeys and risks can be better understood.
A DPO need not be full time, but it makes sense for the person discharging that duty not to be conflicted in any way e.g. being in charge of risky marketing.
The DPO’s tasks are defined in the regulations as:
The DPO should also know that this role includes covering all personal data processing activities.
The Data Protection Officer (DPO) is an individual who ensures that the business (as data controller or processor) complies with the UK GDPR (United Kingdom General Data Protection Regulations. He or she will not become personally liable for breaches and does not need any special qualifications but should have a good experience, knowledge and understanding of data protection requirements so the business can fulfil its obligations.
The larger the organisation and the more data controlled and processed, the more experienced and knowledgeable the DPO should be. The DPO should also really understand the nature of the business so that customer journeys and risks can be better understood.
A DPO need not be full time, but it makes sense for the person discharging that duty not to be conflicted in any way e.g. being in charge of risky marketing.
For small businesses, it is less likely you will need a DPO, but you can appoint someone into such a position on a voluntary basis, and it really is good practice. However, should you choose to appoint a DPO, the above duties equally apply where a business voluntarily appoints a DPO - so think carefully about the benefits versus the additional burden that comes with the role.
Please note that whether or not a business is required to appoint a DPO, it must have sufficient staff and resources to carry out its obligations under the UK GDPR. However, a DPO should be able to facilitate this and to assist with compliance. It certainly would be good for governance and accountability.
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For guidance on whether or not your business requires a DPO, the ICO has created a helpful online tool: https://ico.org.uk/for-organisations/does-my-organisation-need-a-data-protection-officer-dpo
If your business is borderline as to whether or not a DPO should be appointed and you decide not to appoint, it is a good idea to record this in writing.
It is compulsory to appoint a DPO under the UK GDPR, where the business is;
John Davies
15th July 2021
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