What Is a Data Protection Officer (DPO)?

The UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018 set stringent rules for handling personal data, and non-compliance can lead to both large fines and reputational damage. To meet these requirements, many organisations (especially large-scale processors of sensitive data, those conducting systematic monitoring, and public bodies) must appoint a qualified Data Protection Officer (DPO).

This article defines the role of the DPO, outlining the essential legal, technical, and managerial competencies required, before examining the principal duties and obligations that a DPO must fulfil.

At a Glance:

• A Data Protection Officer is a designated expert responsible for guiding an organisation’s data protection strategy and ensuring compliance with the GDPR & Data Protection Act.
• Companies may either appoint a DPO internally or outsource the role.
• They must be given sufficient resources and access to senior management. They cannot receive instructions on how to carry out their tasks, nor can they be penalised for the way they perform those tasks.

Contents

• What Is a Data Protection Officer?
• What Are the Tasks of a DPO?
• What Professional Qualities Does a DPO Require?
• What Are the Legal Requirements for a DPO Role?
• Is the DPO Responsible for Compliance?
• Internal vs External DPO - What’s Best?
• What Are the Benefits of Appointing a DPO?
• What Challenges Does a DPO Face?

What Is a Data Protection Officer?

A Data Protection Officer (DPO) is an independent expert appointed to oversee an organisation’s data protection strategy and ensure compliance with the UK GDPR and Data Protection Act 2018. Their core purpose is to advise on and monitor all aspects of personal data processing, from conducting Data Protection Impact Assessments to serving as the key point of contact with their national regulatory body, when necessary. For organisations in the UK, this is the Information Commissioner’s Office.

Who Must Appoint a DPO?

As outlined in Article 37 (1) of the GDPR, organisations whose core activities involve systematic monitoring of individuals or large scale processing of personal data are required to appoint a DPO (such as advertising networks or security companies). Similarly, where the core activities of the controller or processor consist of processing on a large scale special category data or personal data relating to criminal convictions and offences, a DPO must be appointed. All public authorities or bodies must also designate a DPO.

Examples of organisations that must appoint a DPO include:

• Healthcare organisations
• Financial institutions
• Advertising networks
• Insurance companies
• Universities
• Cloud storage providers

Who May Voluntarily Appoint a DPO?

Even where not strictly required as a matter of law, many organisations choose to appoint a DPO on a voluntary basis in order to demonstrate accountability to customers and potential customers, to embed data protection in their organisation's processes, and to ensure robust oversight of privacy compliance.

What Are the Tasks of a DPO?

The DPO’s roles and tasks are defined in Article 39 of the GDPR. Those tasks include the following.

1. “To inform and advise the controller or the processor and the employees who carry out processing of their obligations pursuant to this Regulation (and to other domestic law relating to data protection).”
   What This Means: The DPO’s job is to advise organisations that handle personal data on what the law requires of them and to answer their compliance queries, so they are well informed on how to meet those requirements.
2. “To monitor compliance with this Regulation, with other domestic law relating to data protection, and with the policies of the controller or processor in relation to the protection of personal data, including the assignment of responsibilities, awareness-raising and training of staff involved in processing operations, and the related audits.”
   What This Means: The DPO assesses that the organisation is following data protection laws, alongside the organisation’s own rules. This involves audits, training, and guiding colleagues.
3. “To provide advice where requested as regards the data protection impact assessment and monitor its performance pursuant to Article 35.”
   What This Means: The DPO helps identify when a data protection impact assessment is needed, and supports the preparation of that assessment to ensure that any risks which might arise in a new project which involves the handling of personal data are identified and mitigated in advance.
4. “To cooperate with the supervisory authority.”
   What This Means: In the UK, for example, the DPO works with the ICO by responding to queries or providing documents when required.
5. “To act as the contact point for the supervisory authority on issues relating to processing, including the prior consultation referred to in Article 36, and to consult, where appropriate, with regard to any other matter.”
   What This Means: The DPO is the official point of contact between the organisation and the regulator.

When carrying out their duties, the Data Protection Officer must assess the risks of any processing operation, considering its nature, scope, context, and purpose.

What Professional Qualities Does a DPO Require?

The UK GDPR doesn’t prescribe formal qualifications or certificates for a DPO; instead, Recital 97 and Article 37 address the professional qualities that are required. They state that the DPO should be “designated on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices.” In practice, the ICO clarifies that, at a minimum, a DPO should be hired based on:

• Professional Qualities:
  • Integrity, reliability and a service-oriented mindset
  • Ability to handle sensitive issues with discretion
    
    
• Level of Expertise:
  • Deep understanding of data protection law
  • Proven experience in monitoring compliance and conducting risk assessments

When appointing a DPO, organisations should therefore prioritise individuals whose background and track record show they can interpret and apply data protection law, communicate effectively with both technical teams and senior leadership, and remain impartial.

What Are the Legal Requirements for a DPO Role?

Below are the core legal requirements for a DPO, alongside what each involves:

• Designation on the Basis of Expertise: Appoint a person with “professional qualities” and “expert knowledge” of data protection law and practice (Article 37).
• Access to Information and Systems: Ensure the DPO can monitor compliance by accessing all relevant data processing records, systems, and business units (Article 38 (2)).
• Resources and Support: Provide the DPO with sufficient time, budget, staff, training and access to all processing operations to perform their duties effectively (Article 38 (2)).
• Reporting Line to Senior Management: The DPO must report directly to the highest management level of the organisation to ensure independence, timely involvement of the DPO, and to ensure the accountability of the senior management (Article 38 (3)).
• Independence: The DPO must carry out their tasks free from instruction on how to interpret or apply the law, and without fear of dismissal or penalty for performing their duties (Article 38 (3)).
• Confidentiality: The DPO is bound by secrecy regarding any confidential information they handle in the course of their role (Article 38 (5)).
• No Conflict of Interest: They cannot hold any role (e.g. Head of IT, HR director, Compliance officer) that would prevent them from fulfilling their DPO tasks impartially (Article 38 (6)).
• Meet Clearly Defined Tasks: Under Article 39, the DPO must:
  • Inform and advise on data protection obligations
  • Monitor compliance and manage DPIAs
  • Raise awareness and train staff
  • Cooperate with and liaise with the ICO, if necessary
  • Serve as the contact point for data subjects

Is the DPO Responsible for Compliance?

Each organisation (as controller or processor) remains ultimately responsible for GDPR compliance, and the DPO is not personally liable; they simply provide essential guidance and support to help the organisation meet its data protection obligations.

Internal vs External DPO - What’s Best?

Your Data Protection Officer can either be hired in-house or outsourced (“contracted out”). Both internal and external DPOs have the same tasks and responsibilities; to help you decide which is best for your organisation, we’ve compared the two below:

What Are the Benefits of Appointing a DPO?

• Ensures your organisation adheres to the GDPR, reducing the risk of legal breaches
• Serves as the point of contact between your organisation and supervisory authorities
• Provides expert guidance on data protection principles, policies, and best practices
• Oversees staff training programs to implement a privacy focused culture
• Streamlines management of data breach notifications and remediation plans

What Challenges Does a DPO Face?

• Limited budget or tools to implement and monitor compliance measures
• Ensuring all employees understand and follow data protection practices consistently
• Assessing privacy impacts of new tools (e.g. AI tools which handle personal data) and integrating them compliantly
• Keeping up exhaustive records of processing activities, DPIAs, and compliance documentation
• Cataloguing and understanding all data flows, especially in large or decentralised environments

Unlock Expert Data Protection with an Outsourced DPO

Prioritising compliance can be a significant challenge for many organisations, particularly when an internal DPO’s workload is diverted by competing responsibilities. By appointing Data Driven Legal as your outsourced DPO, you avoid a time consuming recruitment process and ensure access to data protection expertise on demand.

Book a free 30-minute consultation with one of our experts to explore whether an outsourced DPO is the right fit for your organisation.