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Who can become a DPO and how to do it?

Do you want to become a data protection officer (DPO/DPD) and you don't know how to do it? Follow the advice of Data Comply One (formerly Mission RGPD).  

Who can become a Data Protection Officer?  

Anyone can become a DPO, it is not a regulated profession. On the other hand, a certain number of criteria must be met:  

  • The DPO must have specific knowledge regarding data protection legislation (GDPR, Data Protection Act of 1978) but also specificities linked to the sector (health, sensitive data...)
  • The Delegate must have a good knowledge of the company's sector of activity and its organization in order to have an overview of the activities that are carried out.  
  • The Delegate must not have a conflict of interest with other activities. This conflict of interest is examined on a case-by-case basis, particularly in the case of part-time work, if the delegate occupies another position where he is required to determine the means and purpose of data processing.  
  • The DPO must be able to carry out his missions completely independently within the company. This means that he must be attached to General Management. He must also have the human and financial resources available in order to be able to carry out his missions.  

A mandatory DPO in certain cases  

An organization is obliged to appoint a Data Protection Officer in 3 cases:  

  • When it comes to a public body (town hall, community...)  
  • Organizations that carry out regular and systematic monitoring of people on a large scale
  • Organizations whose core activities require them to process sensitive data or criminal convictions/offences on a large scale

In all other cases, the appointment of a DPO is not obligatory but strongly recommended. It could be an internal driver that will allow compliance to be deployed and maintained.  

Appoint a DPO  

To be appointed Data Protection Officer, the CNIL has set up an online service.

Simply fill in the fields and your designation will take place the day after the online designation.

The missions of the Delegate  

Find the DPO’s missions on our dedicated page: https://www.datacomplyone.eu/logiciel-conformite-dpo/