When do you need a Data Protection Officer (DPO)?

If your organisation processes personal data on a large scale or handles sensitive data, you may, under the GDPR, be required to appoint a Data Protection Officer. In some cases, the role is mandatory to comply with the GDPR and is an important mechanism to ensure that internal processes are subject to ongoing review. A Data Protection Officer also acts as a contact point for the Data Protection Agency.

In many cases it is strategically sound to appoint a Data Protection Officer even where the law does not strictly require it. Doing so increases assurance, reduces the risk of sanctions and improves the governance of personal data processing. For companies in a growth phase, clear allocation of responsibilities in the data protection function can be particularly important, whether through a formal Data Protection Officer or a similar arrangement (where a formal appointment is not required).

Internal vs external DPO – what suits your company?

Whether an internal or external solution for the Data Protection Officer role is best depends on your needs, resources and risk profile. An internal solution often provides proximity to the business and faster decision-making, while an external solution can offer broader experience and specialist expertise. An external option may also be more cost-effective for smaller organisations that do not require a full-time specialist.

Here are some factors to weigh:

• Competence: Do you already have internal personnel with the right legal and technical expertise?
• Independence: Can an internal officer act fully independently in the role?
• Cost: Is it more cost-effective to procure the service to the extent required at any given time?
• Continuity: How will you ensure long-term access to the necessary expertise?

Whatever you choose, it is essential that the Data Protection Officer has sufficient authority and resources to perform the mandate. An external officer can be especially valuable if you engage in large-scale and/or sensitive processing of personal data, or otherwise need an independent review of internal routines.

DPO checklist ahead of a GDPR review

Before a GDPR review, the Data Protection Officer should assess how the organisation complies with the GDPR. This includes checking Article 30 records, ensuring that data protection impact assessments (DPIAs) are up to date, and verifying that data processing agreements are in place and current. A thorough review provides a basis for improvements and reduces the risk of future deficiencies.

Beyond the assessment itself, the officer should ensure that reporting to management is clear and that any deficiencies are remedied without delay. By identifying recurring risk areas and following up on previous measures, you create a cycle of continuous improvement.

After the review, the company should set an action plan for the coming year. This may include training, updates to internal policies and enhanced incident management. At Morling Consulting, we offer tailored solutions for organisations needing an external Data Protection Officer — from ongoing advice to a full DPO function. We help you meet legal requirements and strengthen your data protection efforts over the long term.