The easy answer to this query is that not all businesses require hiring a Data Protection Officer (DPO) as per the General Data Protection Regulation (GDPR). It’s expected that bigger businesses (those that hire over 250 people), and process private files on a big scale, will hire a DPO.
Nevertheless, small companies might also require hiring a Data Protection Officer, if they process big amounts of private data, if they take part in large-scale systematic checking of folks or if they process big amounts of particular category private files. All public organizations also require hiring a Data Protection Officer.
You can observe that this implies there will likely be a big demand for DPOs after the induction of the GDPR. But, it’s vital to notice that the GDPR doesn’t actually require that a DPO should be experienced. It just requires that the hired person should have a thorough understanding of GDPR, and how it pertains to the business. They should also be capable to plan and manage an effective data safety system.
What this indicates for a business is that they might be able to hire a DPO internally, so long as they can verify that the person has the necessary knowledge. The individual should also not be accepting any other part within the business that might result in a clash of interests. DPOs should always be capable to act freely, and separately of any influences.
Businesses can also pick a third-party as a Data Protection Officer. If they make a decision to do so they must keep in mind that the third-party also requires abiding by GDPR. This requirement should be included in any agreement that is drawn up, between the third-party and the company.
Even if a business isn’t required to have a Data Protection Officer, as per the new rule, they might still think that it’s a good perception to have one ready. This is for the reason that having a Data Protection Officer ready means that somebody in the company has the skill to be able to make sure that the business’s data processing abides by GDPR requirements; thereby helping the business to avoid penalties for non-compliance.