Overview

This article requires controllers to conduct a Data Protection Impact Assessment (DPIA) for processing activities that are likely to result in a high risk to the rights and freedoms of data subjects. DPIAs are particularly required for new technologies, profiling, processing of special categories of data, or large-scale monitoring. The assessment must document operations, purposes, risks, and mitigation measures, and involve consultation with the Data Protection Officer (DPO) and, where appropriate, the data subjects.


Key Principles

  • Risk Assessment: Identify and evaluate risks to data subjects’ rights and freedoms.

  • High-Risk Processing: DPIAs are mandatory for processing involving new technologies, profiling, special categories of data, or large-scale monitoring.

  • Mitigation Measures: Implement strategies to reduce identified risks.

  • Consultation: Engage the DPO and, when relevant, data subjects in the assessment process.

  • Accountability: DPIAs serve as documentation of compliance and risk management.

Organizational Applicability

This article applies to all organizations acting as controllers within the EU:

  • Entities conducting high-risk processing activities involving personal data of EU/EEA residents.

  • Public and private sector organizations deploying new technologies, analytics, or monitoring systems.

  • Teams responsible for compliance, risk management, IT, and data governance.

Implementation Requirements

  • Conduct a DPIA before initiating high-risk processing activities.

  • Document processing operations, purposes, risks, and mitigation measures.

  • Consult with the Data Protection Officer (DPO) and, where appropriate, data subjects.

  • Maintain DPIA records to demonstrate accountability and compliance with GDPR.

Implementation Guidance

  • Use standard DPIA templates to ensure consistency and completeness.

  • Identify potential risks such as data breaches, unauthorized access, or profiling impacts.

  • Implement technical and organizational measures to mitigate risks.

  • Review and update DPIAs periodically or when processing activities change.

Periodic Review

  • Frequency: Prior to initiating high-risk processing and when processing activities or risks change.

  • Responsible Role: Data Protection Officer (DPO) or Compliance Team.

  • Outcome: Ensure that high-risk processing is assessed, mitigated, and documented to maintain GDPR compliance.

Non-Compliance Risks

  • Fines: Up to €20 million or 4% of global annual turnover.

  • Legal Exposure: Enforcement actions or invalidation of processing without DPIA.

  • Reputational Damage: Loss of trust due to failure to manage risks.

  • Operational Risk: Unassessed high-risk processing may lead to breaches, legal challenges, or regulatory scrutiny.