Why DPOs are key to Data Protection

Under global, data privacy laws, data protection by design and by default is a legal requirement.  Even if your organisation is not required to appoint a data protection officer (DPO), you can still benefit from one.

A DPO’s primary responsibility is to make sure your organisation complies with GDPR’s principles and requirements. A DPO helps you effortlessly integrate your data protection throughout your business cycle.

What GDPR requires from a DPO

Appointing a DPO makes adhering to the data protection by design and by default principles significantly easier. DPO’s sole responsibility is to take care of your data compliance. They are experts in data protection who monitor, inform and advise you on your organisation’s data compliance.

GDPR requires that your DPO is adequately resourced and independent, with a direct line to senior management.

Under GDPR, you must appoint a DPO if you are:

  • a public authority or body,
  • a large-scale organisation whose main function requires regular and methodical monitoring
  • a large-scale organisation whose main function includes the processing of sensitive data relating to criminal convictions and offences.

Data protection by design and by default

According to the European Data Protection Board, there are seven principles of data protection by design and by default:

1                Proactive and preventative

Data controllers (i.e. those who instruct others on how to use the data) must expect data breaches and introduce measures to prevent them. Examples include encrypting personal data and training employees who handle data to safeguard it.

2                Data protection as default

Users must be informed and able to opt-in to sharing their data, and easily able to revoke their access. Data controllers should only process necessary data.

3                End-to-end security

Before collecting personal data, organisations must ensure security protocols are in place to safeguard data throughout the data life cycle.

4                Data minimisation

The data you collect should be the absolute minimum required for your organisation to function. These minimum requirements should be determined before data collection takes place.

5                User-centric

Keeping your end-user or customer in mind at every step of your data compliance journey will naturally lead to data compliance. In practical terms, user-centric data protection means fully informing your users, making your data policies easy to understand, and keeping their data safe.

6                Transparency

Users must be fully informed about:

  • what data you’re collecting,
  • why you are collecting the data,
  • and how long you will keep the data.

7                Risk minimisation

The final principle of data protection by design and by default encapsulates the protocols outlined in Article 25 in GDPR. Every step related to personal data must minimise the risk to users.

Data Privacy and Compliance services

Data protection requirements are extensive and differ slightly from territory to territory, and the DPO must be knowledgeable of each territory’s data protection legislation.  Opting for an internal DPO requires significant resources to be funnelled away from an organisation’s core activities into data protection.

Formiti provides world-class DPO services covering all international data regulations.

Our FormitiDPO service includes:

  • Data mapping
  • DSAR management
  • Data protection impact assessments
  • Record of processing activities
  • Access to Formiti365 and Formiti360 platforms
  • Policy and process design creation
  • Third-party due diligence
  • Data regulation training and awareness
  • Data breach management

Contact us at [email protected] or +44 (0) 121 582 0192 to book your obligation-free one-hour consultation.

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Author: Formiti Data Privacy Consultancy Blog

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