Penalty for not having DPD/DPO

Many are the sanctions for not having a Data Protection Officer, as is the case of Glovo, City Councils,(Seville, Huercal, Molina del Segura, etc.), Security Companies, among many other SMEs.

The Data Protection Officer is also known by its acronym “DPD” or “DPO” from its English name “Data Protection Officer”.

European regulations and new LOPD

The figure of the Data Protection Officer (hereinafter DPD/DPO) is created with the approval of the General Data Protection Regulation(RGPD) 679/2016, which is given special relevance. special relevance, and that together with the new Organic Law on Data Protection of December 6, 2018(LOPD-GDD) 3/2018 is given final form, especially in those aspects related to the mandatory nature, procedure and deadlines for appointment.

To know which companies are obliged to designate a DPD/DPO, you must analyze Article 34 of the LOPD-GDD), which shows a detailed list of activities subject to have a DPD/DPO and if your company is obliged, you must register the designation before the AEPD within a maximum period of 10 days.

Although any company can designate its DPD/DPO on a voluntary basis, which is a good decision because it conveys a corporate image of quality and mainly about the information that deals with its customers, collaborators, etc.

Companies that appoint a DPD/DPO may determine whether he/she will be full-time or part-time, whether he/she will be integrated or not within their entity or whether he/she will be a natural person or a legal entity.

Functions of the DPD/DPO

The functions are diverse and extend beyond complying with data protection regulations, since the DPD/DPO must collaborate with the AEPD, which is the supervisory authority, with inspection and sanctioning powers, acting as a point of contact with the company, which provides many advantages, since having an expert dealing with the AEPD is a guarantee.

The DPD/DPO must also advise employees on those aspects of their work that affect the Data Protection Regulations, for example doubts or queries about the processing of customer data, workers, job applicants, etc., avoiding security breaches, infringements and penalties.

For the exact functions of the DPD/DPO, please see here.

Possible penalties for not having a DPD/DPO

The truth is that the penalties can be very high. According to Article 73 of the LOPD-GDD, not having a DPD/DPO is considered a serious infringement which could amount to 10 million euros or 2% of the annual turnover. Whichever is greater.

Avoid penalties

Hiring a DPD/DPO in Valencia is very easy:

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