DPO & Advice to DPOs

You will be the main advisor to the organization that appointed you, as well as its employees, on all matters relating to the RGPD and the Data Protection Act. You will provide expert advice on data protection best practices. This can also fall to a DPO lawyer.

Your role includes monitoring compliance with data protection regulations, both RGPD and national law, and ensuring that the organization follows established standards.

You will advise on the completion of data protection impact assessments and verify their execution to identify and mitigate potential risks.

You'll be the point of contact for people affected by the processing of their personal data, responding to their questions and concerns. This point of contact can be a DPO lawyer!

As the point of contact with the CNIL, you will work closely with the supervisory authority to ensure compliance with regulations.

To get off to a good start in this role, it is essential to :

• Get informed by gathering essential legal documentation, including European and national frameworks, and CNIL guidelines.
• Organize ongoing monitoring of issues relating to personal data and information systems security.
• Make yourself known within the organization, making sure you're easily accessible and informing employees of your role and missions.

This role as conductor of RGPD compliance involves a proactive approach, effective communication and close collaboration with all the organization's stakeholders.

Anyone with the requisite skills and knowledge of data protection legislation and practices can be appointed as a Data Protection Officer (DPO). The RGPD does not impose specific criteria in terms of professional qualifications, but it does insist on the need for the DPO to have expertise in data protection law and practices relating to data management.

The DPO may be an employee of the organization, or perform his or her duties on the basis of a service contract. In both cases, it is imperative that the DPO is able to act independently, without any conflict of interest, particularly if the DPO holds other positions within the organization.

The key is that the DPO has the knowledge, competence and ability to perform the required tasks, as defined by the RGPD, including raising awareness, advising, supervising compliance, and cooperating with the supervisory authorities.

This appointment may also involve a lawyer as DPO.

The appointment of a Data Protection Officer (DPO) is required in several specific contexts, in accordance with the General Data Protection Regulation (GDPR):

1. Public authorities or public bodies: Any controller or processor that is a public authority or public body must appoint a DPO, with the exception of courts acting in their judicial capacity.
2. Large-scale processing requiring regular monitoring: If the main activities of the controller or processor involve large-scale processing of personal data that requires regular and systematic monitoring, the appointment of a DPO is mandatory.
3. Large-scale Processing of Sensitive Data: The appointment of a DPO is also required if the large-scale processing concerns special categories of data (as defined in Article 9 of the GDPR) or data relating to criminal convictions and offences (Article 10).

In short, the appointment of a DPO is essential for organizations meeting these criteria, to ensure compliant and effective management of personal data.

The appointment of a Data Protection Officer (DPO) is not systematically mandatory for all companies. According to the European Union's General Data Protection Regulation (GDPR), the obligation to appoint a DPO depends on certain specific conditions:

1. Public authorities or bodies: All public authorities or bodies must appoint a DPO, with the exception of courts acting in their judicial capacity.
2. Nature and scale of processing operations: Companies whose core activities require large-scale processing of personal data, and in particular those involving regular and systematic monitoring of individuals, are required to appoint a DPO.
3. Processing sensitive data: if a company processes sensitive data (as defined in Article 9 of the RGPD) or data relating to criminal convictions and offenses on a large scale, the appointment of a DPO is required.

For companies that do not fall into these categories, appointing a DPO remains an option that can be chosen to strengthen compliance and data protection risk management, but it is not legally mandatory. However, it is still crucial for all businesses to comply with the RGPD's other personal data protection requirements.

Appointing a DPO lawyer can be a solution!