GDPR: Why an external Data Privacy Officer is valuable for your organization

From: Dirk Schell, Reading time - 5 min.

Published: 23.10.2023

 

Nominating a Data Protection Officer (DPO) is important for several reasons, especially in the context of data protection and data security regulations such as the General Data Protection Regulation (GDPR) in the European Union and local national requirements. Here are some important reasons why companies should nominate a DPO.

Legal requirement: In some countries, local data protection regulations require certain organizations to nominate a DPO. For example, the GDPR requires companies to nominate a DPO if they generally employ at least 20 people on a permanent basis with the automated processing of personal data or if the core activity of the company consists of the extensive processing of special categories of data (e.g. health data). Non-compliance with this requirement can lead to sanctions.

Accountability: A DPO acts as a point of contact between the company, the data subjects (persons whose data is processed) and the data protection authorities. He or she is responsible for ensuring that the organization complies with data protection laws and that the rights of data subjects are safeguarded.

Risk management: A DPO plays a crucial role in assessing and mitigating risks associated with data processing. This can help organizations identify potential data protection risks and take measures to minimize them in order to protect the company from data breaches and sanctions.

"Privacy by design": A DPO is committed to data protection-friendly technology design and data protection-friendly default settings within a company. This means that data protection is taken into account from the outset during the development of products, services or business processes and does not have to be expensively added afterwards.

Rights of data subjects: A DPO also helps to ensure that the rights of data subjects are safeguarded in accordance with the GDPR. They can help to process requests for access, rectification and erasure of data in a timely manner.

Employee training: DPOs are responsible for raising awareness and educating employees about data protection principles and regulations. This is crucial for creating a good data protection culture within the company.

Monitoring obligation: DPOs monitor a company's compliance with data protection obligations, including conducting audits and assessments. They can also make recommendations to improve data protection practices.

Obligation to report data breaches: DPOs support your company in documenting data protection breaches and ensure that they are reported to the competent authorities and data subjects in accordance with the GDPR within the prescribed period.

Your reputation: Effective data protection practices and the presence of a DPO can improve a company's reputation and build trust with customers, partners and prospects. Your customers see that you care about the protection of their personal data.


In summary, the nomination of a DPO can be mandatory and is fundamentally crucial to ensure compliance with the GDPR, manage risks with regard to processing and credibly demonstrate a company's commitment to the protection of personal data. The role of the DPO is also to build a good data protection culture and protect your company's reputation.


Your benefits when you decide to use the services of an external Data Privacy Officer

Hiring an external Data Protection Officer (DPO) as opposed to using internal human resources can offer significant advantages for companies and organizations. Below are some of the key benefits of an external DPO:

1. Professional knowledge and experience:

  • Specialization: External data protection officers, especially at dsgvo-insight.de, have extensive expertise and experience in the areas of data protection and privacy regulations. They are always up to date with the latest legal requirements and best practices, which can be a real challenge for an internal resource with what should be completely different responsibilities.
  • Cross-industry knowledge: External data protection officers often work with a variety of companies from different industries. This diverse experience can provide new perspectives and innovative pragmatic solutions to specific data protection problems.

2. Independence:

  • Objectivity: An external DPO can provide an unbiased and independent assessment of an organization's data protection practices. He or she is not influenced by internal politics, conflicts of interest and "operational blindness", which can be a problem with internal staff who may have a vested interest in the organization's activities.

3. Cost effective:

  • Lower cost: Hiring an external DPO can be significantly less expensive than hiring an internal professional. Companies can save on salaries, benefits and training costs. In addition, internal DPOs usually enjoy special protection against dismissal similar to a works council.
  • Flexible agreements: We offer flexible contract terms that allow companies to scale their data protection resources up or down as needed.

4. No conflict of interest:

  • Avoid potential conflicts: Internal resources may have multiple responsibilities and their primary role may not be data protection. This can lead to conflicts of interest where data privacy concerns are downplayed in favor of other business objectives, particularly bonus objectives.

5. Liability and accountability:

  • Legal responsibility: External DPOs are responsible for ensuring compliance with contracted services. This can provide a level of accountability and motivation that internal resources may lack.

6. Access to a huge network of ressources:

  • Our data protection officers have a network of helpful contacts, including legal experts, cyber security specialists and other data privacy officers. This network can be very valuable in the event of data breaches, audits or legal challenges.

Typical obligations of an organization according to the GDPR

As part of an assignment, we take care of the following obligations of your company, for example:

  • Keeping and maintaining the register of processing activities (VVT)
  • Advising your project management and specialist departments on questions regarding the implementation of the GDPR
  • Provision and creation of templates, such as data protection declarations
  • Training your employees on data protection
  • Reviewing contracts with your service providers, e.g. agreement on commissioned processing (AVV), EU standard contractual clauses (SCC)
  • Advice and support with the requirements for international data transfers

Conclusion with regard to external data privacy service:


Cost efficient and flexible


No cost for the required further training of an internal Data Privacy Officer


Cost can be calculated in detail for your organization and project


Certified professional knowledge and experience


Independend and no conflict of interest


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