Data Protection Officer

The duties of a data protection officer (DPO)

The data protection officer is the internal supervisory body for all data protection issues. It works towards compliance with data protection regulations and supports the management and employees. His duties include:

  • Contact of the management and employees
  • Person in contact with authorities and affected parties
  • Instruction and training of employees in data handling
  • Support in compliance, monitoring and documentation of data protection
  • Participation in the elimination of data protection deficiencies and violations

Obligation to appoint a data protection officer

As a rule, a company is obliged to appoint a data protection officer if at least ten persons are entrusted with the processing of personal data. Freelancers, part-time employees or interns must also be included in the calculation.

In addition, smaller companies may also be obliged if their core business activity lies, for example, in the processing of special categories of data, such as health data.

External or internal data protection officer

Both an employee and an external third party may be appointed as data protection officer. It is crucial that the selected person has the necessary qualifications and that there are no conflicts of interest. In all cases, managing directors may not exercise the office of data protection officer.

An internal solution has the advantage that the selected employee does not have to be introduced into the structures of the company first. This is offset by the regularly higher costs that arise because employees have to be given time quotas to fulfil their tasks and the company also has to pay for training and further education. Another often dissuasive aspect is the special legal protection against dismissal of the data protection officer employed.

We will be happy to advise you on necessary data protection measures and discuss with you the need for a data protection officer and the question of whether an internal or external solution is advisable for you.

vpmk Rechtsanwälte Legal Services PartmbB

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Telefon +49 (0)30 536 33 99 0
Telefax +49 (0)30 536 33 99 8


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70182 Stuttgart

Telefon +49 (0)711 252 69 370
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