In an increasingly digital world, data protection plays a crucial role. Companies must ensure that they protect the personal data of their customers and employees while complying with applicable data protection laws. One way to ensure this is to appoint a data protection officer. Companies can choose between an internal and an external data protection officer. In this article, we will examine the role of an external data protection officer and discuss legal information.
What is an external data protection officer?
An external data protection officer (DPO) is an external professional or company hired by an organization to ensure compliance with data protection regulations. These experts have extensive knowledge of data protection law and support the company in meeting legal requirements.
Tasks of an external data protection officer
An external DPO has a variety of tasks, including:
- Consulting : He advises the company on compliance with data protection laws, in particular the General Data Protection Regulation (GDPR).
- Monitoring : He monitors compliance with data protection regulations within the organization.
- Training : He trains employees in the handling of personal data and sensitizes them to data protection-related issues.
- Documentation : He creates and maintains the necessary data protection documentation, such as records of processing activities and data protection impact assessments.
- Contact person : He acts as the contact person for supervisory authorities and data subjects in the event of data protection enquiries or complaints.
Advantages of an external data protection officer
Appointing an external DPO offers numerous advantages:
- Independence : An external DPO acts independently and can make objective recommendations.
- Expertise : External DPOs are highly specialised and always informed about the latest developments in data protection law.
- Resource efficiency : Companies do not have to spend internal resources on training and continuing education of a data protection officer.
- Flexibility : An external DPO can be deployed flexibly depending on the needs and scope of the data protection tasks.
Legal Notice
According to Article 37 of the GDPR, certain companies are required to appoint a data protection officer. This applies in particular to:
- Public bodies and institutions : regardless of their size.
- Companies whose core activities require regular and systematic monitoring of data subjects on a large scale : These include, for example, credit institutions and insurance companies.
- Companies whose core activities involve the processing of special categories of personal data on a large scale : these include data concerning health, data concerning religious beliefs or genetic data.
Liability and responsibility
An external data protection officer has a significant responsibility as they must ensure that the company complies with data protection laws. Violations of the GDPR can result in heavy fines. However, the ultimate responsibility for data protection always remains with the company itself.
FAQ
How much does an external data protection officer cost?
The costs for an external DPO vary depending on the scope of the tasks and the size of the company. Typically, monthly flat rates or hourly fees are agreed.
How do I find a suitable external data protection officer?
Companies can turn to specialised consultancies or law firms that offer data protection services. It is important that the DPO has the necessary expertise and reliability.
Can a company manage without a data protection officer?
Only if the company is not one of those legally obliged to do so can it forego a DPO. However, all data protection regulations must still be complied with.
What qualifications should an external data protection officer have?
An external DPO should have in-depth knowledge of data protection law and relevant practical experience. Certifications and further training in the area of data protection are an advantage.
What happens if a company violates data protection laws?
Violations of the GDPR can result in high fines of up to 20 million euros or 4% of the worldwide annual turnover of the previous financial year, whichever is higher.
