by Liz Appleyard
14 August 2025
A DPO is a formally appointed leadership role under the UK General Data Protection Regulation (‘UK GDPR’), designed to ensure a company processes the personal data of staff, customers, and providers in compliance with data protection laws.
The DPO is an integral part of the organisation, acting independently and reporting to the highest management level. They are bound by strict confidentiality, enforcing accountability and helping avoid fines and reputational damage.
The UK GDPR doesn’t specify exact qualifications for a DPO, but they should possess expert knowledge of data protection laws and practices, so that their expertise can align with the complexity and scale of the organisation’s operations.
Who needs a DPO?
The GDPR says an organisation must appoint a DPO if it is a public authority, its core activities require large scale, regular and systematic monitoring of individuals, its core activities consist of large-scale processing of special categories of data or data relating to criminal convictions and offences.
If these categories do not apply then the organisation does not legally need to appoint a DPO, but it is sensible to do so to ensure that someone in the organisation takes responsibility for data protection compliance.
Alternatively, the DPO can be outsourced via a service contract to an external individual or organisation. The DPO should not be placed in a position of conflict of interest between different organisations.
How to choose a DPO?
A DPO should be appointed on their professional qualities, experience and knowledge of data protection law. They can have other responsibilities within the organisation, provided the role does not conflict with their data protection duties.
Responsibilities of a DPO:
In addition to ensuring compliance with data protection laws, a DPO oversees data privacy policies and acts as a liaison between stakeholders in the business in relation to the management of personal data. The DPO’s compliance monitoring involves conducting audits and assessments to identify compliance gaps, implementing and maintaining data protection policies across all organisational units, and educating employees about the requirements and best practices.
The DPO’s role is crucial in identifying and mitigating risks associated with the business’ data processing activities. By carrying out Data Protection Impact Assessments they evaluate the potential impact of new projects on data privacy. They also act as a point of contact between the organisation, data subjects and regulatory authorities and they facilitate communication and address data privacy enquiries between all parties.
The DPO also has a critical role in managing Data Subject Access Requests (‘DSARs’) and personal data breaches for more information about DSARs see our article What is a DSAR? – EMW Law.
If there is a personal data breach, the DPO’s role is to assess whether the breach is notifiable to the Information Commissioner’s Office (ICO). If notification is required, the DPO must ensure that it is made within 72 hours of the business becoming aware of the breach. The DPO also evaluates the risk to data subjects’ rights and determines whether the data subjects need to be informed about the breach.
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