While having a data protection officer (DPO) isn't necessarily a legal requirement for your business under the GDPR – which came into force on 25th May 2018 – but if you've got the capacity to do so, it’s a good idea to appoint one anyway.
Who must appoint a DPO?
- Public authorities with the exception of courts acting in their judicial capacity
- Businesses carrying out large-scale systematic monitoring of individuals
- Businesses carrying out large-scale processing of special data categories relating to criminal convictions and offences
Who can be a DPO?
- A member of staff whose day-to-day role will not conflict with their DPO duties, or a person hired from outside of the business
- Someone with professional experience and knowledge of data law proportionate to the type of processing your business does
- Someone who is thoroughly trained on the rules of the GDPR
- Someone who commits to staying up to date with GDPR developments
What does a DPO do?
- Monitors the business’ GDPR compliance
- Manages internal processes and data protecting activities
- Advises on data protection impact assessments
- Keeps the whole organisation aware and up to date on their responsibilities and obligations under the GDPR
- Creates and maintains GDPR-compliant policies and plans
- Notifies the IPO and affected individuals in the event of data breaches
- Acts as the first point of contact for those in and outside of the company regarding the business’ GDPR activities, including subject access requests
As an employer, you must register your DPO’s details with the ICO if required, ensure they report to the highest level of management in your business, and provide them with the time, resources, and training to perform their duties as DPO.
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