Numerique
External DPO or support for your in-house DPO: appointment, duties and day-to-day advice, with the protection of attorney-client privilege.
Context
The Data Protection Officer (DPO) is the cornerstone of the GDPR framework. They inform and advise the organisation, monitor compliance with the regulation, advise on impact assessments and act as the point of contact with the CNIL. Their appointment is mandatory for public bodies and for companies whose activities involve regular and large-scale monitoring of individuals or the processing of sensitive data.
Whether you need to appoint a DPO, structure this role or support an in-house DPO, the position requires a dual competence, both legal and operational, as well as genuine independence. This is precisely where a lawyer acting as an external DPO brings distinctive value.
Problem
Appointing a DPO is not enough: they must also have the resources, the time and the independence required. Many organisations appoint an in-house DPO who is already overloaded, lacking in-depth legal expertise, exposed to conflicts of interest or ill-equipped to handle complex matters. Others hesitate to outsource, for lack of visibility into what an external DPO can really bring.
The risk is twofold: a token DPO function that does not truly protect the organisation, or an in-house DPO left to fend for themselves on sensitive matters (impact assessments, data breaches, dealings with the CNIL). In both cases, compliance remains fragile at the very moment it is put to the test.
Solutions
I offer two forms of support, depending on your organisation.
As an external DPO declared to the CNIL, I carry out all of the DPO's duties: maintaining and monitoring the record of processing, advising on processing activities and impact assessments, raising staff awareness, handling individuals' requests and data breaches, and liaising with the CNIL. You benefit from a role that is genuinely independent and legally expert.
As an adviser to your in-house DPO, I provide support on complex matters: delicate impact assessments, characterising breaches, processor agreements, legal trade-offs. In both cases, our exchanges are covered by attorney-client privilege, a protection that no consultant can offer.
I assess your situation: obligation or opportunity to appoint a DPO, the sensitivity of your processing activities, the internal resources available. I steer you towards the appropriate solution, external DPO or support for your in-house DPO, clarifying the scope and terms of engagement.
As an external DPO, I formalise the appointment with the CNIL and structure the function: record of processing, mapping of processing activities, procedures for managing rights and breaches. You have an operational, independent and compliant DPO function from the outset.
I provide ongoing advice: impact assessments, characterising breaches, reviewing new processing activities and processor agreements, raising staff awareness. Your sensitive decisions are secured by legal expertise, under the protection of attorney-client privilege.
I act as the link with the CNIL: point of contact, responses to enquiries, breach notifications, support in the event of an audit. Your organisation has an experienced contact to engage with the authority under the best possible conditions.
FAQ
The appointment of a DPO is mandatory in three cases: for public authorities and bodies, for organisations whose core activities involve regular and large-scale monitoring of individuals, and for those whose core activities consist of large-scale processing of sensitive data or data relating to criminal convictions. Outside these cases, appointment remains optional but is often recommended.
The DPO informs and advises the organisation and its employees of their obligations, monitors compliance with the GDPR, advises on data protection impact assessments and verifies their performance, cooperates with the CNIL and acts as a point of contact. They must carry out their duties in complete independence, without receiving instructions on how to perform them, and report to the highest level of management.
Both are possible. An in-house DPO knows the organisation well but may lack time, legal expertise or independence. An external DPO brings dedicated expertise, a neutral perspective and contractually defined availability. Where the external DPO is a lawyer, the added benefit of attorney-client privilege applies. The choice depends on the size of the organisation, the sensitivity of the processing activities and the internal resources available.
A lawyer acting as an external DPO combines three assets: direct legal expertise on the GDPR and related matters, structural independence inherent in the profession, and above all attorney-client privilege. You can therefore describe your practices, including non-compliant ones, without fearing that this information will be used against your organisation. A consultant, even bound by a confidentiality clause, does not benefit from this legal protection.
No. The DPO is not personally liable for the organisation's compliance: this responsibility lies with the controller and the processor. The DPO has an advisory and monitoring role, not a decision-making one. Their liability cannot be engaged solely because of non-compliance, provided they have properly carried out their duties to inform, advise and alert.
Yes. A single DPO may be appointed for a group of companies, provided they are easily reachable by each entity. An external DPO may also support several separate organisations. The key point is that they have the resources and time necessary to carry out their duties properly for each structure, without conflicts of interest.
Support for an in-house DPO takes the form of legal advice on complex matters: delicate impact assessments, characterising and managing data breaches, reviewing processor agreements, decisions on the legal basis for processing, preparing for a CNIL audit. The in-house DPO retains their role but relies on legal expertise to secure their most sensitive decisions.
Yes. All exchanges between your organisation and the lawyer are covered by attorney-client privilege, a public-policy protection specific to the profession. You can freely describe your current practices, including those that are not yet compliant, without any risk that this information will reach the CNIL or be used against you. This is a major difference compared with a consultant bound by a simple contractual clause.
Nous accompagnons les entreprises de la tech et du commerce avec une double compétence juridique et technique, de l'analyse à la mise en œuvre.
Ressources
Need to secure a contract, manage compliance, or anticipate a dispute? Our first meeting is designed to understand your needs and clearly explain how we can help.
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