{"id":7924,"date":"2021-05-28T16:10:44","date_gmt":"2021-05-28T15:10:44","guid":{"rendered":"https:\/\/amtivo.com\/uk\/standards\/\/\/when-do-you-need-a-data-protection-officer\/"},"modified":"2025-12-15T16:18:16","modified_gmt":"2025-12-15T16:18:16","slug":"when-do-you-need-a-data-protection-officer","status":"publish","type":"standard-post-filter","link":"https:\/\/amtivo.com\/uk\/standards\/iso-27001\/insights\/when-do-you-need-a-data-protection-officer\/","title":{"rendered":"When Do You Need a Data Protection Officer?"},"content":{"rendered":"

The EU General Data Protection Regulation<\/a> 2016\/679 or \u201cGDPR\u201d tells us when an organisation should have a \u201cData Protection Officer\u201d (DPO), their position in the organisation and the data protection tasks that they should be responsible for. Even though the UK has now left the EU, the GDPR rules still apply<\/a>. In this article, we will explore each of these requirements, understanding their applicability to an organisation, and answering the most commonly asked questions about the Data Protection Officer role.<\/em><\/p>\r\n

What Is a Data Protection Officer?<\/h2>\r\n

A Data Protection Officer helps organisations to meet their regulatory obligations in relation to the processing and handling of personal data. Given the risks of significant reputational damage that organisations face when data is not securely managed<\/a> the DPO\u2019s role is one that is of growing importance within today\u2019s business environment.<\/p>\r\n

Does My Business Need a DPO?<\/h2>\r\n

Article 37 of GDPR<\/a> specifies three areas where a DPO must be appointed, which applies to both Data Controllers and Data Processors. The first of these applies if you are a public authority or public body. Secondly, you will need a DPO if your business activities include large-scale, systematic monitoring of individuals \u2013 for example, activity or behaviour monitoring, perhaps using algorithms for advertising purposes. Finally, if your organisation undertakes large scale processing \u201cSpecial Categories\u201d of personal data (per Article 9 of GDPR) or the processing of data relating to criminal offences and convictions, you will similarly need to demonstrate that you have a DPO in post.<\/p>\r\n

Please note that even if these conditions do not apply to your organisation, you are still obliged to have appropriate staff and resources available to deliver your data protection framework. If you decide to voluntarily appoint a DPO, you should be aware that this carries the same responsibilities as if you were required to appoint one as a mandatory requirement. In that regard, smaller organisations often consider using an alternative job title for this role.<\/p>\r\n

What Is a DPO Responsible For?<\/h2>\r\n

The DPO has a clearly defined responsibility to help their organisation and its employees understand and comply with GDPR and related data protection obligations. Their typical activities would include<\/p>\r\n