GDPR Data Protection Officer: Definition, Types, and Legal Basis

What is a Data Protection Officer under the GDPR?

Under the General Data Protection Regulation (GDPR), a Data Protection Officer (DPO) is an expert who supports and monitors companies and organizations in complying with data protection requirements. The legal basis for this position is established in Articles 37 to 39 of the GDPR, as well as supplementary national regulations in the Federal Data Protection Act (BDSG).

The DPO acts as a supervisory body for GDPR compliance, an advisor to management and staff, and a point of contact for supervisory authorities and data subjects. They serve as a liaison between the company and data protection authorities, playing a key role in corporate data protection management.  

Important: A DPO holds a special position within a company. A GDPR officer must act independently and without instructions. An internal DPO is also subject to special protection against dismissal.

What types of Data Protection Officers are there?

Data Protection Officers can be found in various companies and institutions across Germany and Europe. You should be aware of the following types:

Corporate and Public Authority Data Protection Officers

The corporate or public authority DPO is appointed by companies or public bodies in accordance with Art. 37 of the GDPR. They monitor compliance with data protection regulations within the organization and advise management.  

DPOs at supervisory authorities at state, federal, and EU levels

In addition to corporate DPOs, there are state supervisory authorities at various levels:

• State Data Protection Commissioners: Each federal state has its own supervisory authority for public bodies within that state.

• Federal Commissioner for Data Protection and Freedom of Information (BfDI): Responsible for federal authorities and telecommunications; acts as the central supervisory authority at the federal level.

• European Data Protection Supervisor (EDPS): Monitors EU institutions and ensures compliance with data protection regulations within EU bodies.

These supervisory authorities monitor compliance with the GDPR, impose fines, and issue guidelines. However, they do not act as the data protection officers for individual companies.

What do companies need to consider when appointing their data protection officer?

There are national specificities, particularly regarding employee data protection and the mandatory appointment of a DPO, that must be taken into account during implementation. One thing is certain: companies can appoint their company data protection officer either internally or externally. While an internal DPO is a regular employee of the company, an external DPO is engaged through a service contract.

Your organization's data protection in good hands

Benefit from the data protection expertise of external DPOs (Data Protection Officers) and efficiently organize your data protection and all measures for GDPR compliance.

Get support from an external Data Protection Officer now.

What are the responsibilities of a GDPR officer?

As a data protection expert, a data protection officer is responsible for ensuring that the requirements of the GDPR and other data protection regulations are implemented within a company and for preventing data breaches. They also act as a liaison between the company, data subjects, and supervisory authorities.

To perform their duties efficiently and correctly, the DPO must meet certain requirements:

• Expert status: Qualification as a data protection officer can be demonstrated through training and professional development. Official certification seals from TÜV or DEKRA confirm expert status, build trust, and demonstrate formal expertise to supervisory authorities.

• Professional suitability: A GDPR-compliant data protection officer must possess comprehensive expertise in internal company data protection. Furthermore, a genuine interest in and a 100% understanding of data protection matters are essential.

• Communication skills: Data protection in companies largely consists of optimization and the collaborative implementation of data protection management. For this to succeed, the DPO needs strong communication skills to justify and implement solutions and improvement proposals within the company.

What are the consequences of failing to appoint a data protection officer?

If your company does not appoint a data protection officer despite being legally required to do so, it can quickly become expensive. The competent supervisory authority is then entitled to penalize this violation.

In practice, it is increasingly evident that data protection officers can also be held personally liable for instance in cases of gross negligence. Therefore, a professional, meticulous approach and continuous professional development are essential.

For your company's data protection, it is best to rely on an external data protection officer. This ensures that your data protection expert is legally up to date, pursues further training at their own expense, and can provide your company with efficient advice.