Qualifications of an external data protection officer in Germany
An external data protection officer (DPO) in Germany must have specific qualifications and knowledge to be able to fulfil the tasks and obligations under the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). These requirements include legal, technical and organisational competencies. The following are the essential qualifications and knowledge that an external data protection officer should have:
1. Professional qualification
Legal knowledge :
- Data protection law : In-depth knowledge of the GDPR and the BDSG as well as other relevant data protection laws and regulations.
- Specific industry regulations : Understanding data protection requirements in specific industries, such as healthcare, finance or telecommunications.
Technical knowledge :
- IT security : Knowledge of technical and organizational measures to protect personal data (Article 32 GDPR).
- Computing technologies : Understanding the workings and risks of computing systems and technologies, including cloud computing, databases and network security.
Organizational skills :
- Data protection management : Experience in implementing and maintaining data protection management systems (Article 24 GDPR).
- Risk assessment : Ability to carry out data protection impact assessments (Article 35 GDPR).
2. Professional experience
An external data protection officer should have relevant professional experience in the field of data protection and data security. This can be demonstrated by previous work in similar roles or by working on data protection-related projects.
3. Further training and certifications
To ensure that knowledge is up to date, continuous training in the field of data protection is important. Relevant certifications can underpin the qualifications of an external data protection officer. Some recognized certifications are:
- Certified Information Privacy Professional/Europe (CIPP/E) : Specialization in European data protection law.
- Certified Information Privacy Manager (CIPM) : Focus on managing data protection programs.
- TÜV certificates : Various TÜV certificates in the area of data protection officers.
4. Personal skills
- Communication skills : Ability to communicate data protection requirements clearly and effectively to different audiences.
- Analytical skills : Ability to analyze complex data protection problems and develop practical solutions.
- Independence and integrity : Objective and impartial advice and monitoring of data protection practices within the company.
5. Legal requirements
According to Article 37(5) GDPR, the data protection officer must be appointed on the basis of his or her professional qualifications, in particular his or her specialist knowledge of data protection law and practice, as well as his or her ability to perform the tasks referred to in Article 39 GDPR.
In summary, it is important for companies in Germany to ensure that the external data protection officer has the necessary legal, technical and organizational knowledge as well as the appropriate professional experience and personal skills to be able to effectively meet data protection requirements.
