The Data Protection Officer (DPO) ensures, in an independent manner, that an organization applies the laws protecting individuals’ personal data. The designation, position and tasks of a DPO within an organization are described in Articles 37, 38 and 39 of the EU General Data Protection Regulation (GDPR).
This Regulation provides for the appointment of a Data Protection Officer (DPO) to businesses and public bodies whose main activity is the systematic monitoring of individuals on a large scale or the processing of specific categories of personal data on a large scale.
It follows from the above that not all companies are required to designate a DPO. Although it is not mandatory for businesses that manage personal data on a small scale, however, it is more correct and prudent even for them to designate a DPO because of the consultative and supportive role of the DPO. The DPO is required to inform and advise the controller and the employees of the company of the new legislation, in order to minimize the risk of fines.
DPO can be a very important asset for each business, as it can assist in communicating and mediating with the Supervisory Authority and consult with it whenever required.
Due to its extensive experience in the field of personal data protection, the DPO is a guarantee for the correct application of the Regulation and may be a competitive advantage over other businesses that may not designate DPOs. A robust compliance program, supervised by a person trained in the personal data area, can help minimize the risk of personal data breaches and thus avoid fines and other claims for damages from the underlying personal data in the event of a breach of personal data.