Data protection is legally framed through the implementation of GDPR in the EU and the applicable GDP of the post-Brexit UK. The appointment of a DPO is mandated under specific circumstances by these regulations. If an organization’s core activities include processing special categories of personal information or regularly and systematically monitoring individuals at significant levels, then they must assign someone to serve as their DPO under Article 37. The GDPR necessitates compliance with this requirement. The UK GDPR reflects these requirements in a post-Brexit context.
Emphasizing the significance of a DPO’s independence and expertise, both the GDPR and UK GDP provide guidance. Performing their duties with no conflicts of interest is required for the DPO by Article 38 of the GDPR to be carried out independently. Performing their duties without any external pressure is ensured by reporting directly to the highest level of management, plus protection against dismissal or punishment. To effectively fulfill their responsibilities, the DPO should also have knowledge about data protection laws and practices.
Although the GDPR does not define precise criteria for a DPO, it underscores the necessity of having professional abilities and knowledge in data protection. The UK GDPR recommends that a DPO should have proficiency in national as well as European data protection laws and practices. The organization’s industry sector and its data processing activities should be well understood. A DPO’s credibility can be improved by obtaining professional certifications, like Certified Information Privacy Professional (CIPP) or Certified Data Protection Officer (CDPO).
Article 39 of the GDPR outlines the key duties of a DPO. Notifying and advising the corporation together with its personnel concerning their duties according to regulations related to protecting information privacy is part of this role’s responsibility. It also involves overseeing conformity while offering guidance on conducting DPIAs. Their responsibility includes acting as a liaison between data subjects and supervisory authorities. The DPO must collaborate with other departments and stakeholders to make sure that data protection becomes an integral part of all facets of organizational activity.