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Top 5 reasons for formally appointing an external DPO

August 18, 2022
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1. You may have a legal requirement to formally appoint a Data Protection Officer (DPO).

Under the Data Protection Act 2018 (DPA) and EU GDPR there are several scenarios where an organisation is legally required to appoint a DPO. You can check this out on our website here.

Many organisations do not realise that this is firstly a legal requirement and secondly that they meet the criteria for a formal appointment. Failure to do so is in breach of the DPA and EU GDPR and could result in serious financial penalties.

2. Understanding Data Protection legislation is not easy

Organisations are expected to understand legislation and comply with all aspects of it. This isn’t an easy task and without suitable training and experience, you are likely to not fully understand the requirements and implement the correct compliance.

The biggest issue here is the unknown risk exposure. Without the skills and experience, you will not understand the financial and reputational risk exposure and how to best mitigate this.

 

3. It is commercially attractive to outsource your DPO function

Employing a skilled and experienced DPO may not be affordable for many organisations that are legally required to have one. A part-time, skilled and experienced DPO from Data Privacy Services can bridge that gap from as little as £58.00 + VAT per month.

Having a DPO can ensure that you remain compliant with the law but also respond to the increasing need to demonstrate compliance with your potential customers and business partners. Failure to do so can easily result in lost business and a competitive disadvantage.

 

4. For most organisations, an internally appointed DPO will have a conflict of interest

Data Protection legislation states that a DPO must not have a ‘conflict of interest’ with the processing of personal data and their role within that organisation. E.g. the following roles cannot be a DPO:

  • Business Owner / Director
  • Head of function – such as IT, HR, Finance etc
  • Office Manager

The easiest and most cost-effective way to avoid a conflict if interest is to appoint an external DPO from Data Privacy Services.

5. Appointing an external DPO greatly reduces risk and may avoid future litigation and fines

The need for a DPO is currently clear and stipulated in the DPA and EU GDPR. The legal criteria is also currently clear, for example, if you process any health information (special category data) then you must appoint a DPO. Most organisations do this, specifically in relation to their employees.

This requirement isn’t going away, even if the Data Reform Bill is passed through Parliament. Note – most UK-based organisations will still also have to comply with EU GDPR legislation.

The bottom line here is that having a DPO is at least to be considered as ‘best practice’ and is, without doubt, a commercial benefit. Engaging an external DPO from Data Privacy Services is cost-effective and offers considerable skills and expertise to our clients.

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