FAQs

Can the DPO be an existing employee?

Yes, as long as the professional duties of the employee are compatible with the duties of the DPO and do not lead to a conflict of interests, rather than you having to create a new post.

Can we contract out the role of the DPO?

Yes, you can contract out the role of DPO, based on a service contract with an individual or an organisation. The externally-appointed DPO should have the same position, tasks, and duties as an internal DPO.

Consent – Article 6, 7, 8

Have you collected and stored the appropriate and necessary consent of the Data Subject?

For data processing
For data storage
To facilitate data-subject rights
To know if a breach has occurred

While ensuring that withdrawal of consent is as easy as giving it.

Control of private data is now clearly vested in the individual – with very few statutory exceptions

Corporations can only use it for purposes that are:

Predefined
Explicit
With the full agreement of the individual in advance.

Data Subject Rights Articles 13, 14, 15

Have you informed the Data Subject?

Why we need the data specified
All processing that will be enacted upon it
When we will destroy or re-consent the data
Where we sourced the data
Precisely with whom we will send or 'share' the data
About their rights of access and how to effect that.

Do we know EXACTLY what and where all ‘Processing’ is / is taking place?

Even if we [the controller] controls the Processor, we probably need to ask: Article 28

Do we have a ‘written contract’ with the processing organization?
Does the Contract precisely state what the processing consists of?
Do we completely understand the Processors’ data storage arrangements?
Do we have a copy of the Processor’s approved code of conduct?
Do we permit the Processor to make any decisions at all in managing the data?

External Controller

Is the data Controller exercising control from outside EU? Article 26, 27?

In which country/ies is/are the EU Designated Controller(s)?
What is their relationship with the external Controller?
What is their relationship with the Data Subjects?

Privacy by design and default

Do we have processes, in place, to ensure that: Articles 24, 25?

We can show how we protect the rights of data subjects.
We can show that only personal data which are necessary for each specific purpose of the processing are processed.
We can show how this applies to the amount of personal data collected, the extent of their processing.
We can justify the period of their storage and the data accessibility.

Profiling Articles 21, 22, 23

Have you informed the Data Subject?

Of their different rights to “object” in various ways to, or to prevent, our different types of processing, and the automated or other methods available to them to exercise these rights.
Of the right to be excluded from profiling and how.
How to secure human attention to their concerns.
If any limitations to their rights apply.

Responsibility of the controller – Data protection by design and by default

Do we have processes, in place, to ensure that: Article 24, 25

We can show that we have moved our processes in line with IT’s evolution.
We can show we have dynamic processes in place to track the state-of-the-art and modify our processing accordingly.
We can show that we implement data-protection principles, such as data minimisation, in an effective manner.
We can show how we integrate the necessary safeguards into the processing in order to meet the requirements of the GDPR.
We can demonstrate an appropriate set of policies.

The General Data Privacy Regulation – (EU) 2016/679 of the European Parliament and of the Council

The EU GDPR impacts every company in Europe and every company that trades or communicates personal data, directly or indirectly, with Europe. IT people must learn new disciplines. Management must learn new disciplines. Data Flow Processes need to be completely understood, defendable, self-disciplining, and regulator-proof.