November 17, 2016

Ensuring the Effectiveness and Strategic Role of the Data Protection Officer under the General Data Protection Regulation

The function of the data protection officer or chief privacy officer is an essential component of data privacy accountability, playing a crucial role in enabling organisations to ensure and demonstrate both data privacy compliance and effective privacy protection of individuals. In recognition of its crucial status within organisations, this function is formally recognised and described in detail in the GDPR in the role of a formal DPO.

This paper on examines the requirements for the appointment of a DPO and the nature, function and scope of the DPO role under the GDPR. The GDPR outlines key parameters and requirements for the DPO role, underscoring its significance in a wider data privacy accountability context. However, there are some areas that may present challenges for organisations, or require clarification, interpretation and guidance to ensure an effective implementation of the DPO role. This paper examines these areas and makes suggestions regarding implementation and interpretation as well as further guidance by the WP29. An overarching goal of the recommendations in this paper is to encourage a flexible interpretation of the DPO requirements to make them work for large multinational organisations, as well as SMEs, start-ups, NGOs and public authorities.

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