What qualifications should a DPO have?
The GDPR does not require a specific academic degree for a DPO. However, it emphasizes that the designation should be based on technical expertise and professional experience, particularly knowledge of data protection law and practical experience in the field. Additionally, the DPO must have the capacity to perform the functions outlined in Article 39 of the GDPR, which we will analyze in a future article.
While legal knowledge is essential, the DPO should also have skills beyond strictly legal matters, such as technology applied to data processing and an understanding of the organization’s operational context.
The European Data Protection Board (EDPB) highlights that the level of knowledge should align with the sensitivity, complexity, and volume of data processed by the organization. For example, handling systematic transfers of personal data outside the European Union requires a higher level of expertise than occasional transfers.
Although there is no mandatory certification system, professional certification can serve as a tool to assess whether candidates meet the required qualifications. However, certification is not a prerequisite; controllers and processors may consider other evidence or qualifications to demonstrate the DPO’s competence.
Should the DPO have an employment relationship with the controller or processor?
Not necessarily. The GDPR allows the DPO to be part of the organization’s staff or act under a service contract, meaning the role can be performed by an external individual or entity.
If an external organization provides DPO services, it is important to clearly assign tasks within the external team and designate a responsible point of contact for communication with the controller or processor.
According to the GDPR (consideration 97), whether employed internally or externally, the DPO must perform their duties independently. Controllers and processors must ensure that the DPO does not receive instructions regarding the exercise of their functions (Article 38.3).