In the European digital ecosystem, the role of the Data Protection Officer (DPO) is much more than a legal formality: it is the link between the business, regulatory requirements and the effective protection of personal data.
Although not all organisations are required to appoint a DPO, many choose to do so voluntarily, as having an expert, independent professional with a strategic perspective can make the difference between simply complying and being able to demonstrate compliance.
What is a DPO under the GDPR?
The General Data Protection Regulation (GDPR) defines the DPO as the person responsible for overseeing compliance with data protection regulations within an organisation, whether appointed internally or externally.
The obligation to appoint a DPO applies in specific cases, such as when:
- Processing is carried out by a public authority.
- The core activities of the organisation require regular and systematic monitoring of individuals on a large scale (such as in digital services or marketing).
- Large-scale processing of special categories of data is carried out (health data, biometric data, etc.).
Beyond the legal obligation, many data controllers choose to appoint a DPO as a best practice.
What are the main responsibilities of the DPO?
The DPO’s tasks are set out in Article 39 of the GDPR and can be grouped into five main areas:
- Monitoring compliance with the GDPR and other applicable data protection regulations, including internal policies, technical and organisational measures, training and audits.
- Advising the data controller or processor on their legal obligations, particularly in relation to new initiatives, products or changes to processing activities.
- Acting as the point of contact with supervisory authorities, such as the Spanish Data Protection Authority (AEPD), and facilitating communications in the event of inspections or data breaches.
- Assessing risks and contributing to Data Protection Impact Assessments (DPIAs), helping determine whether a processing activity may pose risks to individuals’ rights and how to mitigate them.
- Informing and raising awareness among staff, promoting a culture of privacy across the organisation, from senior management to operational teams.
“The DPO’s role is not to block projects, but to make them viable without putting the organisation at risk.”
What does the DPO not do?
It is important to clarify what does not fall under the DPO’s direct responsibility:
- The DPO is not the legal controller of the data (this responsibility remains with the organisation).
- The DPO does not make decisions on how personal data is processed.
- The DPO does not replace technical or legal teams; they complement them.
The DPO’s role is independent, focused on advice and oversight, and must be carried out without conflicts of interest.
Why is the DPO key for startups and scaleups?
In early growth stages, many companies process large volumes of personal data without a clear compliance structure. A DPO helps to:
- Avoid mistakes that can escalate into sanctions.
- Design products and processes with privacy by design in mind.
- Build trust with clients, partners and investors.
- Prepare for audits, certifications or due diligence processes.
“Having a DPO is not a compliance cost: it is an investment in trust, reputation and scalability.”
Conclusion
The Data Protection Officer is not just a legal requirement. They are a strategic partner for navigating GDPR obligations with confidence, anticipating risks and strengthening the organisation’s position with clients and supervisory authorities.
At PrivaLex Partners, we act as an external DPO for startups and technology-driven companies that need an agile, rigorous approach tailored to their business. Whether due to a legal obligation or a strategic decision, we are here to support you.
Do you need an external DPO or want to assess whether your organisation must appoint one?
Book a call with our team and we’ll guide you.