As the deadline for GDPR compliance looms, more and more businesses are preparing for the new data protection regulations. But what does that mean for your business? And what role do you need to play in order to ensure compliance? This blog post will provide an overview of the different data protection roles under GDPR. So, if you’re wondering what you need to do to become compliant, keep reading!
Data Protection Roles Under GDPR
Data Protection Roles Under GDPR are not new. Under Article 37 of the GDPR, Member States shall designate a data protection officer in any public body. That is an international organization within whose sphere of activity the processing of personal data is carried out.
Also, if the core activities of the controller or the processor consist of processing operations. This is where it requires regular and systematic monitoring of data subjects on a large scale. According to Article 37(2), the data protection officer must be designated.
This is based on professional qualities, in particular, expert knowledge of data protection law and practices. So, the ability to fulfill their duties, including independence from employees who carry out processing activities. Also, the details about an individual appointed as a DPO are kept by the supervisory authority.
DPO Responsibility
The DPO shall be instructed by any legal entity about its obligations regarding the protection of personal data. Also, this is about other matters relating to the protection of personal data under this Regulation. The DPO may perform such tasks on behalf of multiple data controllers or processors.
This is if authorized by Member States law or under Union law to do so. Also, the supervisory authority shall inform the DPO whether it considers that those tasks are being performed satisfactorily. So, the DPO may be dismissed only if he or she no longer fulfills the conditions needed to perform his or her duties.
Data Protection Officer’s Powers Under GDPR
According to Article 39(1) GDPR, unless provided otherwise by national law, persons designated as DPOs shall:
1. Be involved in all issues which relate to processing operations for which they have responsibilities under this Regulation.
2. Undertake all necessary measures to ensure compliance with this Regulation.
3. Have access to all information necessary for the performance of their duties.
In addition, Article 39(1) GDPR states that the Member States shall ensure that DPOs are not dismissed or penalized. This is by data controllers or processors for performing their tasks. In particular, they shall ensure that there is no discrimination against the DPO or any other employee.
Since the controller or processor performs their tasks. Furthermore, they cannot be held liable for any action performed in good faith following this Regulation. The DPOs should also receive appropriate training regarding their role and responsibilities as well as how to handle personal data safely and legally under GDPR.
Provisions Regarding The Data Protection GDPR
Article 37 of the GDPR stipulates that Member State shall designate a data protection officer in any public body if:
1. It is an international organization within whose sphere of activity the processing of personal data is carried out.
2. The core activities of the controller or processor consist of processing operations. This requires regular and systematic monitoring of data subjects on a large scale.
In other words, the designation of a data protection officer will depend on whether the processing activities are carried out by a controller or a processor. Since it likely will result in a risk to the rights and freedoms of natural persons.