Under the GDPR, certain organisations must appoint a Data Protection Officer (DPO) to oversee compliance efforts and protect personal dataInformation which relates to an identified or identifiable natural person.. A key factor in this decision is whether the organisation processes data on a ‘large scale’. However, since the term ‘large scale’ isn’t explicitly defined in the regulation, it can lead to confusion.
In this blog, we examine the key considerations for identifying ‘large scale’ data processing, and provide practical guidance on determining if you need a DPO. However, even if your organisation isn’t legally required to appoint a DPO, doing so can streamline internal processes and build confidence with clients and stakeholders by demonstrating a strong commitment to data protection.
For the purposes of this blog, GDPR will refer to both the EU and UK General Data Protection RegulationRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).. Although the legislations are essentially similar, there are some key differences, for example regarding data transfers. We recommend consulting a data protection professional to ensure compliance.
Under Article 37 of the GDPR, organisations are required to appoint a DPO if:
An organisation can appoint a staff member to be their designated DPO or choose to outsource the position. Read Hiring a Data Protection Officer – internal vs outsourced to learn more.
A single DPO can represent a group of companies, several public authorities, and associations.
These criteria ensure that organisations handling complex or high-risk data processing have an independent professional to oversee compliance with data protection regulations.
Although the GDPR does not explicitly mention what qualifies as large-scale processing, individual regulators provide specific guidance.
The UK’s regulator, the Information Commissioner’s OfficeThe United Kingdom’s independent ‘supervisory authority’ for ensuring compliance with the UK GDPR, Data Protection Act 2018, the Privacy and Electronic Communications Regulations etc. (ICOThe United Kingdom’s independent supervisory authority for ensuring compliance with the UK GDPR, Data Protection Act 2018, the Privacy and Electronic Communications Regulations etc.), suggests organisations take the following factors into consideration:
It’s important to note that you don’t need to meet all considerations for processing to be deemed large-scale, and a combination of these factors can be sufficient. The specific circumstances of data processing determine whether it qualifies as large-scale, and consulting a data protection professional is advisable to ensure compliance.
Below are some sector-specific examples of large-scale processing.
Understanding whether your organisation engages in large-scale processing is crucial for determining the need for a Data Protection Officer (DPO). Under the GDPR, public authorities, organisations engaged in large-scale systematic monitoring of individuals, or those processing large amounts of sensitive data will need to appoint a DPO. By considering factors such as the number of data subjects, data volume, processing frequency, and geographical scope, you can assess your obligations.
Even if your organisation is not required to appoint a DPO by law, doing so can significantly enhance your businesses data protection framework and demonstrates a proactive approach to regulatory compliance.
If your organisation would benefit from expert data protection support, The DPO Centre offers a range of outsourced services, including fractional DPOs, EU and UK Representatives and more. Contact us for more details.
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