GDPR counsel
Read more about the GDPR counsel’s role as a legal expert on the EU General Data Protection Regulation.
Explained – what does a GDPR counsel do?
A GDPR counsel is a legal specialist who interprets and applies the EU General Data Protection Regulation within an organisation’s operations. Unlike a GDPR consultant, who primarily focuses on practical implementation, the lawyer provides GDPR legal advice. The work is in many respects similar to that of a consultant and includes, among other things, assessing the lawfulness of personal data processing, preparing or reviewing contracts, and handling complex legal issues during incidents to support gdpr compliance.
The role is particularly important in sectors subject to heavy regulation, such as financial services, healthcare and the public sector.
When is a GDPR counsel relevant?
A GDPR lawyer becomes relevant when the organisation needs expert support to interpret legal requirements, manage legal risks or act in situations where legal decisions may have far-reaching consequences. This may involve assessing the legal basis for processing, interpreting a specific article in the GDPR, or representing the organisation in dialogue with the Data Protection Agency or other stakeholders. The role is also important for international data transfers and when drafting contracts with a processor, ensuring gdpr compliance and effective engagement with a data protection authority.
Points to consider when engaging a GDPR counsel
When an organisation engages a GDPR counsel, several measures help ensure the work is both legally sound and commercially valuable.
- Ensure the lawyer has documented experience in data protection and adjacent areas of law.
- Clarify how the lawyer’s gdpr legal advice will be translated into practice, especially if internal resources are limited.
- Define clearly whether the mandate concerns ongoing advice or specific projects.
- Prepare materials and questions in good time to make the collaboration efficient.
- Embed legal advice within decision-making processes to minimise risk and support gdpr compliance.
By working in a structured manner with the lawyer’s guidance, the risk of misinterpretation and gaps in compliance is reduced.
Why is a GDPR counsel important?
A GDPR counsel is central to ensuring that an organisation’s handling of personal data complies with applicable law. With deep legal expertise, the lawyer can identify risks and design solutions that meet legal requirements while supporting business objectives, including interaction with a data protection authority where appropriate.
The lawyer also interprets new case law, supervisory decisions and guidance, enabling the organisation to adjust its procedures as practice evolves. This is particularly important when personal data processing is sensitive and involves large numbers of data subjects, and when contracts with a processor must align with the legal basis for processing.
From a business and trust perspective, a GDPR counsel provides assurance to customers, partners and authorities by ensuring the organisation acts lawfully even in complex situations, including communications with the Data Protection Agency and preparations for oversight by a data protection authority.
Frequently asked questions about GDPR counsels
A GDPR counsel provides gdpr legal advice that the organisation implements in its own operations, while a GDPR consultant works more practically with implementation and follow-up to support gdpr compliance.
A GDPR counsel should be engaged when legal expertise is required, for example to interpret the GDPR’s provisions, draft agreements or handle legal questions during incidents, including liaison with a data protection authority.
A GDPR counsel typically analyses legal questions and provides recommendations that can be implemented in the business, including:
- Assessing the legal basis for personal data processing to evidence the lawfulness of processing
- Reviewing and drafting processor agreements
- Advising on international data transfers
- Supporting incident reporting to the Data Protection Agency or another data protection authority
The distinction matters because the lawyer’s input must be implemented by the organisation itself, whereas the consultant’s work is performed directly within the organisation. Put simply, the GDPR counsel goes in depth on the issues while the consultant focuses on delivering specific measures that advance gdpr compliance.
A GDPR counsel should have in-depth knowledge of the Regulation and related legislation, experience in interpreting and applying EU regulations, and the ability to communicate legal requirements in a commercially astute way, including clear gdpr legal advice.
Morling Consulting offers experienced GDPR counsels who can provide qualified gdpr legal advice, review contracts and assist with complex questions on data protection. This complements a GDPR consultant’s practical work and delivers an integrated approach to gdpr compliance, including engagement with a processor and, where needed, the relevant data protection authority.
Read more about our services
GDPR Lawyer
Engage Morling Consulting’s privacy counsel when personal data issues need to be addressed in a business-focused manner with clear control of risk. We provide support with governance, contracts, transparency and processor arrangements, ensuring the organisation remains consistent towards data subjects and the Data Protection Authority (IMY).
DPIA
We prepare Data Protection Impact Assessments (DPIAs) for processing activities that may pose a high risk and require a documented basis for decision-making. We carry out the assessment, identify risks, and put in place mitigations and documentation so the DPIA is auditable, traceable, and ready for review.
Breach management
Morling Consulting supports incident management when a personal data breach must be handled swiftly and correctly. We lead the assessment, remediation plan and documentation, including materials for notification and communications, so the organisation acts in a coordinated way and reduces consequential harm.
Contact
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If you prefer phone, please feel free to contact Felix Morling at +46 70 444 42 85
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