The Data Guardian: The DPO and GDPR

June 10, 2024

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Insights on legal domains

Introduction: Retrospective on GDPR

Since its implementation in May 2018, the General Data Protection Regulation (GDPR) has revolutionized how personal data is managed in Europe. It introduced strict requirements for organizations and strengthened individuals' rights, placing data protection at the forefront of corporate concerns. One of GDPR's innovations is the creation of a new role within organizations: the Data Protection Officer (DPO).

Issue: Internal or External DPO?

The Data Protection Officer (DPO) is central to this new era of data protection. But one question remains: should this crucial role be internalized or outsourced?

Definition and Responsibilities of the DPO

The DPO is responsible for ensuring the organization’s compliance with GDPR, training staff on data protection practices, and acting as an intermediary between the company, regulatory authorities, and individuals concerned.

Comparison of Options: Advantages and Disadvantages

Internalizing the DPO role means appointing an existing employee. This can enhance the internal understanding of the company’s processes but may also present conflicts of interest, incur disproportionate costs, or limit access to more advanced expertise and broader experience.

Outsourcing, on the other hand, involves hiring an independent expert. This option is sometimes seen as less integrated with the company's culture. However, it can reduce costs and increase the continuity and responsiveness of support. It offers specialized expertise, a richer knowledge base, and avoids conflicts of interest. Some external providers can also deploy a compliance management software tool, which helps maintain an appropriate level of compliance overtime with minimal effort.

Conclusion

The choice between an internal and external DPO depends on the organization’s specific needs, resources, and culture. Each option has its merits and should be carefully evaluated.

Still unsure about the best option for your company? Contact us for a personalized consultation and find the DPO that fits your needs!