Overview

This article requires controllers and processors to designate a Data Protection Officer (DPO) in certain situations, including for public authorities, organizations conducting large-scale systematic monitoring, or processing special categories of personal data. The DPO must be selected based on expertise in data protection, may serve multiple entities, and their contact details must be published and shared with the supervisory authority.

Key Principles

  • Mandatory Designation: DPOs are required in specified high-responsibility contexts.

  • Expertise: The DPO must have sufficient knowledge of GDPR and data protection practices.

  • Independence and Accessibility: The DPO operates independently and is accessible to supervisory authorities and data subjects.

  • Transparency: Contact details of the DPO must be publicly available and shared with regulators.

Organizational Applicability

This article applies to all organizations processing personal data within the EU that meet one or more of the following:

  • Public authorities or bodies.

  • Organizations performing large-scale systematic monitoring of individuals.

  • Entities processing special categories of personal data on a large scale.

  • Controllers and processors responsible for compliance oversight and DPO management.

Implementation Requirements

  • Designate a qualified DPO based on GDPR expertise.

  • Publish DPO contact details and share them with the relevant supervisory authority.

  • Ensure the DPO has resources and independence to perform their duties effectively.

  • Assign the DPO to monitor GDPR compliance, provide advice, and serve as a contact point for data subjects and authorities.

Implementation Guidance

  • Use professional criteria and experience to select the DPO.

  • Define the DPO’s roles and responsibilities in a written mandate.

  • Train staff on how to interact with the DPO.

  • Review and update the DPO designation as organizational responsibilities or processing activities change.

Periodic Review

  • Frequency: Annually or when organizational scope, processing activities, or regulatory requirements change.

  • Responsible Role: Senior management, Compliance Team, or DPO.

  • Outcome: Ensure the DPO is properly designated, accessible, and empowered to oversee GDPR compliance.

Non-Compliance Risks

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

  • Legal Exposure: Enforcement actions for failing to designate a DPO when required.

  • Reputational Damage: Loss of trust from supervisory authorities, stakeholders, and data subjects.

  • Operational Risk: Lack of effective GDPR oversight and guidance can lead to non-compliance or data breaches.