Do I legally need to have a Data Protection Officer (DPO)?
The UK GDPR and EU GDPR set out clear rules on when an organisation must appoint a Data Protection Officer (DPO).
Cyber21 has access to fully certified Data Protection Officers (DPO's) and can provide them as a Service to our clients.
🔍 When Is a DPO Legally Required?
You must appoint a DPO if your organisation:
1️⃣ Is a public authority or body (except for courts acting in a judicial capacity).
2️⃣ Processes large-scale personal data that requires regular and systematic monitoring of individuals (e.g., tracking user behavior online).
3️⃣ Processes special category or criminal conviction data on a large scale, such as:
- Health data (e.g., hospitals, medical research).
- Biometric or genetic data.
- Racial, political, or religious data.
⚖️ What If You Don’t Appoint a DPO When Required?
Failing to appoint a DPO when legally required can result in fines and compliance issues under GDPR.
📌 Fines: Up to €10 million or 2% of global turnover (whichever is higher).
👀 When Is a DPO Recommended (But Not Mandatory)?
Even if not required by law, having a DPO is good practice if you:
✅ Handle customer or employee data regularly.
✅ Operate in a high-risk industry (e.g., finance, health, tech).
✅ Want to demonstrate compliance to customers, regulators, or partners.
👤 Who Can Be a DPO?
✔️ An internal staff member (if independent, with no conflict of interest and qualified).
✔️ An external consultant or firm offering DPO services (e.g. via Cyber21).
✔️ The same DPO can serve multiple organisations if needed.
🚫 Who CANNOT be a DPO?
❌ Someone who makes decisions about data processing (e.g., CEO, IT Director, Senior Manager, Functional Lead).
🔹 Key Responsibilities of a DPO
✅ Ensure GDPR compliance.
✅ Advise on data protection impact assessments (DPIAs).
✅ Act as a contact point for regulators (ICO in the UK, DPA in the EU).
✅ Monitor internal compliance policies.
🛠️ Next Steps: Do You Need a DPO?
- If unsure, conduct a GDPR risk assessment.
- If legally required, appoint a DPO or outsource the role.
- Even if not required, consider a DPO to enhance trust and compliance.