This article is written by Kavya Arora. It provides a brief background on the need for the role of a Data Protection Officer (DPO) in an organisation. The author lists the essential skills required by a DPO, including technical, soft and professional skills. These skills are crucial for any DPO who aims to advance in their career and adhere to data protection regulations. Read further to identify the skills you must possess and those you need to develop to become a successful DPO.

Introduction

With the advancement in technology there has been an increase in the need to protect one’s data. Companies have started facing cyber-attacks and various other threats of data privacy breach. To counter this issue, finding the experts having the knowledge and the expertise to limit these breaches and to handle the additional risks attached to these attacks is much needed. These data protection experts are required by the companies to maintain the trust of their customers and protect their personal data along with complying with the various data protection laws around the globe. The term Data Protection Officer (DPO) was first recognised under the General Data Protection Regulation (GDPR) which was passed by the European Union (EU). It is mandatory to hire a DPO as per the GDPR for the organisations which handle huge amounts of sensitive or personal data in their day-to-day functioning. 

In India, the Digital Personal Data Protection Act (DPDP Act) was enforced in 2023 to regulate the laws regarding protection of personal data in India. This Act applies only to that type of personal data which is in digital form and is not applicable to any other type of data which does not come under the ambit of personal data or which is non-digital data. Under this Act, there are data fiduciaries who are vested with the power to appoint a DPO who must be based out of India and will be answerable to the board of directors or any similar body appointed by the data fiduciary. The DPO will be the point of contact for any grievance and will be responsible for the protection of the personal data.

Now, if a person is interested and thinking about becoming a DPO, it is very important to know about the skills that are required to become a DPO so that the students can start brushing up on those skills from the start of their college days. Read the article further to understand the key skills that are required by a person to become a DPO.

Who can become a Data Protection Officer

DPOs are responsible for the supervision, implementation as well as compliance of the privacy laws in an organisation. There are various qualifications, certifications and experiences of a DPO that are to be seen when one is hired by an organisation. Organisations usually take into consideration the following qualifications before hiring a DPO: 

Qualifications required

It is not a ground rule but generally someone who has a law background or an IT professional is preferred for the role of a DPO. DPOs should be knowledgeable and familiar with the day-to-day business operations that are conducted in organisations. They must have the knowledge regarding the data processing activities that take place in these IT companies.

There is no official certification or any pre-requisite qualifications that are laid down by the GDPR for becoming a DPO. However, there are various organisations that provide training and certification courses which are dealt with in detail below. One such organisation is the International Association of Privacy Professional. These organisations provide education on the data protection laws and provide knowledge about the role and the functions of a DPO in an organisation. According to the GDPR, the DPO should possess expert knowledge about the privacy laws and should be able to perform and fulfil all the duties assigned to them.

Develop a deep understanding of the business that goes around in IT organisations. It is advisable for a DPO to gain an understanding and knowledge about the privacy and the data protection laws in one’s country, the EU, and some basic knowledge about the privacy laws of the other countries. It is necessary to be aware about the principles and practices of IT security and cybersecurity.  One must also possess good communication skills and risk management skills in order to build a career as a DPO.

Training and certifications

It is very important to keep working on your skills even after you have entered this profession. You need to hone your skills in cyber security, information security and the data privacy roles that you get. You need to keep on educating yourself by enrolling in various certification programs or training programs which will help you in being up to date with the advancement in the field. These certification programs also offer various professional credentials which will improve your credibility and your chances of getting hired in an organisation.

You can also enhance your skill set with these certifications and add more to your title. Some of these certifications require that you have prior working experience for a period of time to pursue this certification course and, some certifications only require you to pass an exam to be eligible to participate in the course. Once you have cleared this eligibility criteria, it will take a few months to complete this certification.

These courses enable you to acquire the necessary knowledge as well as the practical skills that are required in an organisation for the role of a DPO. These certification courses are based on practical exercises and it will help you master the role of a DPO and to be able to advise, monitor and inform your organisation about compliance with the GDPR and other local laws and regulations as well as will also help you in cooperating with the local supervisory authorities in your jurisdiction. These certifications also prove that you have the practical knowledge as well as the professional capabilities to advise the data controllers and the data processors on how they can work towards meeting the GDPR compliance.

These certifications will help you understand and learning the concepts of the GDPR and will also help you in understanding and interpreting the requirements for these regulations. It will help you understand the content as well as the relation between GDPR and other local laws and regulations and also give you practical knowledge about the local laws and regulations in connection with the GDPR. It will also help you by providing you the competence to carry out the tasks which will be required of you in an organisation. This will additionally help you to network with people of similar interest and engage in discussions and practical exercises. Some certifications that can be useful for the role of a DPO are:

1. Certified AI Governance Professional- This certification will help you in learning the principles and the strategies that are required for applying the governance structures that will help in fulfilling the artificial intelligence’s (AI) potential along with reducing the risk attached to AI.
2. Certified Information Privacy Professional/ Asia- This certification will help you in learning the principles, strategies, as well as the regional and the international data privacy laws that are applied and that govern the use of data in the majority of the Asian economies.
3. Certified Information Privacy Professional/ Canada- This certification will help you learn about various federal laws like Privacy Act, PIPEDA and CASL, etc. along with other major statutes of Canada. It will also help you understand the issues and the trends in the privacy practice of Canada.
4. Certified Information Privacy Professional/ Europe- This certification will assist you in learning the framework of laws in Europe. It will also help you in understanding various regulations and policies concerning the GDPR.
5. Certified Information Privacy Professional/ United States- This certification will assist you in understanding the various state and federal laws concerning the data privacy regulations of the U.S.
6. Certified Information Privacy Manager- This certification will help you in developing the major skills that are required to build, design as well as operate a program that is related to data privacy.
7. Certified Information Privacy Technologist- This certification will help you in learning the art of including privacy in the design of various IT products as well as the services provided by organisations. It will also help you in employing technical strategies and will teach you about strategies which will mitigate the privacy risks.
8. Information Security Management Systems Lead Auditor- This certification is provided by the National Initiative for Cybersecurity Careers and Studies. It is a one day program for those who need to conduct audits whether internal or external for risk management systems in an organisation.
9. Certified Data Protection Officer- This certification is offered by knowledge academy where you will get to learn about the data protection regulations and the need for these regulations along with the roles and responsibilities of a DPO.
10. Data Protection Practitioner- This certification is offered by different organisations like PECB, Seco institute, etc. It will help you in getting practical knowledge about the business environment and how to implement the rules and regulations of the privacy laws in your organisation.

Role of a Data Protection Officer

DPOs form an important part of your organisation, they form a part of your core team and are very integral to the day-to-day services of your organisation. DPOs generally report to the highest management level and they also have access to all the activities of the organisation that are related to the processing of data. They ensure compliance of data, protect sensitive information and perform the duties that have been assigned to them in an organisation. It is the duty of the organisations to include the DPOs properly and timely in matters related to data protection.

The DPO should also be provided with the resources required by them to carry out the activities and tasks assigned to them in an organisation. They should also be given the access to personal information or data and should not be instructed as to how they should carry out their own tasks. It is the duty of a DPO to ensure that the activities, products and services of the organisation are in compliance with the data protection laws and regulations. Therefore, they should be given the space and opportunity in an organisation to carry out the tasks in the way they see fit. DPOs are also bound by the confidentiality obligations in an organisation and their work should not result in any conflict of interest.

Responsibilities managed by DPOs

Under the GDPR, the DPOs are responsible for supervising the implementation of strategies related to the protection of any data processed or received by an organisation. It is their duty to ensure that the activities of the organisation are in compliance with the GDPR along with the local data protection laws of that country. It is the duty of the DPO to inform and advise the company on how to manage the data and how to process it. They also have to inform and advise the employees of the company on how to comply with the rules and regulations under the GDPR and with the other local data protection laws.

DPOs are responsible for managing the internal policies of the organisation which are related to processing and protection of data. DPOs are also responsible for ensuring that the internal policies of the organisation are followed and complied with, within that organisation. They also need to provide staff training and raise awareness within the organisation for how to deal with any sensitive information and how to process any sensitive data. They are also responsible for providing their advice on the data protection impact assessment. They provide guidance on how to monitor the performance of data protection impact assessment as well.

DPOs also give advice, provide recommendations and solutions to the organisation about the application of the data privacy laws and also handle any requests received by the organisation on this front. They are the ones responsible for handling any complaints received by the organisation in cases of data breaches and they have to handle any requests received by the data controller, data processor or any other data subjects. DPOs need to take initiative on their own when they feel like something can be improved within the organisation with respect to the data processing method.  

It is the responsibility of a DPO to report any failure which they come across while complying with the local data protection laws and the GDPR. They need to evaluate the company’s data processing activities and provide their input on how to improve this process. They have to identify the problems related to this process and provide their recommendations and solutions for it. They also have to maintain records of these data processing activities by the organisation. DPOs should also cooperate with their supervisory authorities while ensuring compliance with data protection laws. Additionally, the DPOs are never held personally liable for the compliance of GDPR regulations by an organisation. It is always the organisations that have to demonstrate compliance with the data security regulations, whether they are engaged as a data controller or a data processor. DPOs are appointed to provide the required data security support to the organisations. It is the responsibility of the organisations to provide the requisite tools and resources to the DPOs to enable them to carry out their duties, which is to help and support the organisations by performing the tasks required by them in order to minimise any potential data breaches.

Do organisations need a Data Protection Officer

An organisation or a company needs a DPO whenever their core activities or business involves the processing of sensitive data. They can either be a data controller or a data processor but if they handle sensitive information or personal data on a large scale, they are required to appoint a DPO. The DPO will be responsible for handling the matters related to data privacy and security and will protect the organisation from any data breaches. They are required to ensure that the organisations are in line with the privacy laws and regulations and that the data is handled lawfully.

If the organisation or company involves monitoring of individuals, be it on a large, regular or systematic scale, they also are required to hire a DPO for their organisation. A DPO can be a member of the organisation or you can also hire an external DPO on a case-to-case basis who can assist you with data protection. You can either hire an individual for this role or an entire team depending on the size of your organisation and the amount of work rolled out for the DPO.

DPOs are generally required in organisations like hospitals that process a large quantity of sensitive data regarding individuals or head-hunting companies that send out the profiles for individuals, DPOs are also required for security companies that are responsible for monitoring various public places like malls, shopping centres, etc. However, DPOs are not required for small firms or local doctors that process data for their clients.

Organisations that process large quantities of special kinds of data or data related to criminal convictions or offences are also required to appoint a DPO. However, this does not include courts that are acting in their judicial capacity. Even if organisations are not specifically required to appoint a DPO under regulation, it is always better and safer to appoint one who can ensure compliance with the protection laws and regulations. They can also ensure that the data of the organisation is protected which benefits the organisation in the long haul.

Requirement of DPOs for public authority/body

Under the GDPR, it is necessary for the public authorities to appoint a DPO for the protection of sensitive data from getting misused and to protect this sensitive data from getting in the hands of the public. DPOs should be appointed by these public authorities to ensure that they are in compliance with the data protection laws and to also protect the personal data of individuals that are stored with these public authorities. Public authorities could also mean government organisations, government departments, public schools, hospitals, universities etc.

These public authorities process a large amount of sensitive data on a regular basis to carry out their routine work hence it is very important for them to appoint a DPO who can ensure that there are no security breaches in their organisations. These authorities often manage complex data so they require someone with expertise, knowledge and background who can understand the data and can sort it out for them while keeping it safe and sound. When these public authorities appoint a DPO it also helps the general public in trusting these organisations as they believe that now with the help of the DPO their data will be well handled and protected.

How can a Data Protection Officer help your organisation

Appointing a DPO may be a legal requirement for some organisations, but for other organisations as well, it is highly recommended that they appoint a DPO as these organisations can highly benefit from the DPOs. Apart from making sure that your organisation is in compliance with the legal requirements and regulations, DPOs will also ensure that the data that you process is well protected. In today’s digital age, most of the things are done via the internet and you tend to share your personal information over to these companies as well. Hiring a DPO will also increase your organisation’s chance in being one step ahead from its competition.

DPOs also help the organisations by improving their relationship with their customers, by giving customers a better working experience and improved customer services. They also help in increasing public awareness regarding data security and privacy and the importance of protecting your personal data in this digital age. Organisations should hire DPOs that have the basic knowledge and competency in local privacy laws as well as the GDPR regulations so that they are able to keep the organisations in check and compliance with these laws. These organisations should also look out for other skills in DPOs like ability to train other employees on privacy regulations, ability to work independently and free from any conflict of interest so that the organisation does not face any trouble in the future.

DPOs having good interpersonal and training skills can also benefit the organisations as they will be able to train the key employees of the organisation making more people efficient and responsible in their team who will help in ensuring that there are no data breaches in the work that they carry out. They will also ensure that the protocols for responding to the data breaches are maintained and the regulatory authorities are informed on time. DPOs help the organisations by providing them advice on the measures that they can take to improve and protect their organisation’s data. Since these DPOs possess the technical skills as well as business acumen they are able to understand the business aspect of the organisations as well and hence are able to provide their input which correlates with the security aspects as well.

Additionally, since DPOs have the required technical and business skills they are able to contribute to the innovative growth of the organisations by helping them integrate data protection strategies in new technologies so that they are in compliance with the regulations along with being different and innovative. DPOs also help the organisations maintain transparency with the customers and inform them about the way in which their data is stored, processed and deleted. It helps in building trust in the customers and gives the organisation a competitive differentiator while attracting new clients. Therefore, DPOs play a very instrumental role in assisting the organisation’s reputation and overall resilience.

Internal vs. External Data Protection Officers

Instead of appointing a new person for the role of a DPO, some organisations take an internal employee who is already well versed with the functions and process and makes them responsible for the tasks that the DPO carries out. They either promote them for the role of a full time DPO or they partially promote them to take both the responsibilities of their existing role and that of a DPO simultaneously. However, it is pertinent to note that under the GDPR organisations must not appoint someone as the DPO who has a conflict of interest in this role. The same is explained in detail in this article below. The DPO appointed internally should be free from any hindrance and should be able to work independently without any instructions from their employer.

They should also make sure that they cannot prioritise the business needs over the laws and regulations of data protection and it is their responsibility to ensure that their organisation is in compliance with the protection laws. Oftentimes organisations believe that there is no conflict of interest in giving a single person dual responsibilities but generally job roles and responsibilities evolve with them and a conflict might arise at times which may go unnoticed. Therefore, it is always safer to appoint someone who does not have any conflict of interest. This may point toward an external candidate to hire solely for carrying out the responsibility of a DPO. This way, the DPO may be able to work independently and carry out the tasks and responsibilities in the way that they seem appropriate.

However, external DPOs can be hard to find who possess the skills, qualities, experience as required by the organisation. Suitable candidates may often demand higher salaries because of the increase in demand for DPOs in the market and may not have proper technical or business skills as required by the organisation. You can also outsource the role of a DPO to any third party who has the expertise to carry out the tasks. It will also help in reducing the cost of a full-time employee. However, organisations must opt for the type of role that suits best for them be it internal or external. Both internal or external DPOs will have the same responsibilities and will work towards protecting the personal information processed by the organisation.

Key skills required by Data Protection Officers

The role of a DPO can be very technical at times, and hence, companies require a set of skills in DPOs when hiring for that position. There are certain skill sets and qualifications required to effectively fulfil this job role. Following are the skills that are generally looked out for in a DPO:

Knowledge of GDPR and protection laws

This is the most basic skill that every DPO must possess in order to work effectively in an organisation. They should have a strong understanding and practical knowledge of the local data protection laws of the country that they are working in as well as they should have the knowledge and understanding of the GDPR laws. Along with this they should also have the knowledge of the privacy principles and the data security practices. 

They should understand the practical aspects of these laws and their effects. They should understand the rights and liabilities of the data subjects, data controllers and the data processors. They should also understand the rights that have been granted to the data subjects under these regulations including the right to process, rectify, erase, etc. DPOs should have the knowledge and the skills to mitigate risk and to resolve any risks that the organisation might face due to any potential data breach. They should have the knowledge about when to conduct data protection impact assessments and how to protect their data subjects. They should also be aware about the reporting window in case of any data breaches. 

Their main role should be to protect any personal information involved in any project that they take up for the organisation. They should also have an understanding of the local privacy laws of their country and how these laws interact with the GDPR. They should be aware about the process for data transfer internationally with the help of standard contractual clauses and binding corporate rules.

Technical background

Having only legal knowledge is not enough as organisations always prefer people who have some technical background as well because such people will be able to understand the business and the working of an IT infrastructure in a better manner. They should be able to understand how these privacy breaches are caused and what can be done to prevent these breaches from happening again, to understand this one must understand the working and the process of the functions. 

DPOs should be up to date regarding new technologies as well as the potential risks that these technologies must possess with respect to data security. There are various certificate courses that are available in order to develop these technical skills. DPOs must also have the technical skills to perform audit checks as well as privacy impact assessments when required. They should understand the problems while making these assessments and should try to resolve them in a manner that they do not occur again. Risk reduction knowledge is also a very helpful skill that a DPO must possess while working in an organisation. 

DPOs must be aware of all the methods to reduce any potential risk including encryption, access control, data destruction, etc. They should also have the working knowledge of how the database servers, cloud services and end-user devices work. They should have the working knowledge of how data is stored, transferred, processed and deleted in an organisation and how the backup and disaster recovery system works. DPOs must also possess the knowledge and the technical skills to use any tools and technologies available to them to prevent any security breaches, attacks or cyber threats.

Strategic policy development skills

DPOs must have in-depth knowledge of GDPR laws as well as the local laws and regulations to craft a policy that tailors to the needs of the organisation. Oftentimes they are required to develop policies that are in line with the goals of the organisation as well as the regulatory requirements. They need to develop policies to educate the members of the organisation regarding data protection. They need to develop policies that are strategically planned and are balanced with the laws and regulations. It should be innovative and should be factually correct. 

The policies developed for the organisation should be up to date and should be updated from time to time in case of any change in regulation. It should be flexible enough to adapt to the new changes in regulations along with the changing business conditions. They should also conduct risk assessments within the organisation to understand what strategies can be formulated and applied to reduce this risk and potential data breaches. They should also engage key stakeholders while developing these policies and ensure that they are in line with them and that you have their approval and support to move forward with them. 

These policies should not be very technical or difficult to understand, they should be drafted in a clear and effective manner so that the employees working in an organisation should be able to understand their role and responsibility in order to mitigate potential breaches. It is very important to promote a work environment that upholds the culture of data protection and privacy and is in compliance with the rules and regulations of privacy laws.

Breach management skills

Another essential skill that a DPO must possess and work upon is breach management skills. It is the duty of a DPO to ensure that there are no security breaches in an organisation and they must make every effort possible to mitigate the risk of the same. It is very important for a DPO to be able to identify any potential breach promptly by monitoring systems or automated alerts. Once a potential breach has been recognised, it is important to work towards mitigating that risk and minimising its impact and the damage it may cause. 

It is important to create a plan for such incidents so that the team is aware as to what steps are to be taken in a similar situation of potential breach. The escalation procedure should also be laid down within the organisation in such a case and all the stakeholders must be on board for taking measures to mitigate such risks. There must be a unified response automated for such breaches while taking approvals from different stakeholders so that everyone is on board with the game plan developed for similar scenarios. It is also important to maintain communication with external parties, like the end customers, regulatory authorities in case of any such potential breaches and to provide them with the accurate information and to assure them that you are taking every possible step to mitigate such risk. 

It is also necessary to follow the legal requirements of informing the affected parties within the time frame in case of a breach and maintain the records and details of any such breach. DPOs must also ensure that they should find the root cause of such incidents and should identify the points of failure and work towards improving them for the future. It is necessary to understand the impact of the breach and to conduct a deep research as to the response and the effect it has caused. Strategies should be formulated to improve the incident response plan for future use.

Ability to work independently and autonomously

DPOs are supposed to be very independent in the way they work. This does not mean that they are not supposed to work with the other teams or escalate the matters to the key stakeholders, rather, it only means that they have to be responsible for anything related to privacy and security matters. They should be able to handle the situation on their own and should be able to work on the issues by themselves. The GDPR lays down that a DPO needs to be independent in the tasks they perform and the duties they carry out. The final call on matters related to privacy and security is theirs and they should not take any instructions or orders from anyone else in the organisation when the matter is related to data privacy or data security.

However, this might come off as that the DPA doesn’t need anybody’s help or is working against the norms of the company. There might be various training sessions or policies implemented by them that could be time consuming or expensive and the stakeholders might be against its implementation. But one must always remember that a DPO can only make decisions that protect the company and its employees. Once appointed, it is not easy to dismiss a DPO from the organisation because of the decisions they have made or the policies they have implemented. It is the duty of the company to provide the DPOs with adequate resources so that they are able to perform their tasks effectively.

DPOs must take initiative in identifying any issues related to privacy and provide solutions for it, they should not require any supervision. They should be confident in the decisions they make and should always make a well-informed decision taking in account all the factors necessary. They should be able to build trust and confidence among their colleagues and should set an example for their team by working effectively and independently.  

Should be free from any conflict of interest

DPO’s need to provide guidance to the organisations on the use of personal information and how to keep it secure. It is the duty of a DPO to ensure that the data of an organisation is protected and they take steps to mitigate any possible data breaches. Under Article 38 of the GDPR, it is mentioned that DPOs may fulfil other duties as well in line with them taking up duties of a DPO. But, these additional duties taken up by them should not result in a conflict of interest to their roles and responsibilities as a DPO.

It is not necessary that a DPO should only work for a single organisation, as a DPO you can work for various organisations at the same time given that the organisations do not negate it. A conflict of interest arises whenever a DPO performs any task which affects the way in which an employer uses personal data. This happens when the DPO takes on a role alongside their existing role as a DPO or if they take up a role where they have the ability to make decisions regarding activities related to processing of data.

There are various job roles that create a conflict of interest with the existing role of a DPO and one must ensure that they are free from any such conflict of interest while taking a job as a DPO. These roles include but are not limited to a CFO, CEO, COO, CMO, other senior managerial positions, HOD like marketing, HR or IT, etc. It is the duty of an organisation to ensure that the DPO is free from any conflict of interest and to ensure that proper budget and resources are provided to the DPO to complete their tasks.

The roles and responsibilities of a DPO must be clearly laid down and defined by an organisation and should not conflict with any other role in the organisation. The DPO must report to the highest level of authority to ensure that there is no interference in their work. There must be clear policies laid down in the organisation which state what constitutes a conflict of interest for the DPO and they must be required to disclose if there is any existing conflict and the same should be addressed and dealt with promptly.

Negotiation skills

DPOs are in charge of negotiating data processing agreements with customers and partners therefore, it is necessary for the DPO to have good negotiation skills in order to achieve the best outcome for your organisation. Negotiation skills come in handy while dealing with customers or suppliers on these documents as you wish to keep your terms and conditions of data storage and data processing. You can always find a middle ground with the customer on your and their terms if you have good negotiation skills.

DPOs need to be well versed with their contracts, the relevant local laws and the GDPR regulations in order to negotiate adeptly. It is also necessary for the DPOs to understand the business objective and the details of the deals in order to find a middle ground. They are also required to communicate the needs of the agreement to the other stakeholders of the organisation in a non-technical language and have them come on board with you. There is a need to find mutually beneficial solutions for both the customer and your own organisation.

It is important to understand the position that you are coming from and to have some fallbacks on your hand in case you get stuck in any part of the negotiation. You should be creative enough to make strategies that can help you out of difficult scenarios. Additionally, while negotiating it is very important that you make informed decisions and you always stand by your decisions. There is a need to be up to date with the change in privacy and security laws and to update your agreements and your arguments accordingly.  

Training skills

DPOs are required to have in-depth knowledge of GDPR and data protection laws and they have an understanding as to how data breaches can be prevented. Therefore, they are often required to train the people in their team, the legal team, the business team and often time various key holders of an organisation on and about the compliance requirements. They train the employees on what preventive measures can be taken in order to prevent any data security breaches from taking place. They are required to train the legal team on the content of a data privacy agreement and data security agreement and how to negotiate them.

They also train them about the important clauses on these agreements and how the data is stored, transferred, processed and deleted. It is important to include examples in your training set to help the employees learn better and connect with the real life examples. It is also very important to tailor your training set as per the different needs of the different departments in the organisation. Make sure to take feedback from the employees and adjust your set according to the feedback that you have received. It is also important to facilitate discussions and encourage the employees to ask questions so that you also understand their mindset.

It is important to make them understand why this is required and what repercussions it will have if not taken seriously. DPOs should encourage the employees to participate in these discussions to help them get a better understanding of the privacy laws. It is also necessary for the DPOs to engage in continuous learning so that they can stay up to date with the development in data privacy and security and then they can help the employees of the organisation to stay on top of these updates as well.

Attention to detail

It is very important for DPOs to ensure that they pay attention to each and every minute detail in the agreements they enter into with customers or partners regarding data privacy or security. It is necessary to carefully monitor the details of any potential breach. DPOs should also ensure that the activities of the organisation should be in compliance with the regulatory laws for data privacy. Attention to detail ensures that there is no potential risk that they have overlooked.

This skill also comes into play while performing other duties of a DPO in order to avoid any ambiguities and to ensure that there is effective implementation of these laws within the organisation. A good DPO must know these regulations at the back of their hands and they must know what to look out for in these privacy agreements. They should give proper attention to all the details regarding data security and data privacy and should not miss out on any crucial information.

Business acumen

There is a need to appoint DPOs who have good business acumen so that they are able to understand the needs of the regulations and how to apply the rules practically. Since they play a major role in ensuring that the activities of the organisation are in compliance with the privacy laws, it becomes practically easier to follow these regulations if you have the knowledge of the business inside out. This will also help them in aligning the organisations goals to the data protection strategies they plan for the organisation.

If they understand the business, or how a product works then they will be able to better apply the regulations regarding privacy. They will be able to ensure that the actions of the organisations or the products/licences manufactured will not in any way breach these regulations. They will be able to better understand breaches by these products and will be able to provide more practical solutions to it. They will be able to understand the problems both from a compliance and from a business perspective and will be able to provide solutions that can tailor to both the needs.

They will also be able to communicate better with the internal stakeholders because they will understand the business requirements and will be able to tell them what exactly the problem is and how it can be resolved. Implementing new regulations often requires some changes in the business process and if the DPO is able to understand the functioning of these businesses then they will be able to update the business processes accordingly. This can also help them in identifying areas and opportunities where they can drive innovation in this area and help the organisation in its growth. Having good business knowledge will help the DPOs in collaborating with the other teams in the organisation to achieve business goals while being in compliance with the privacy laws and regulations.

Communication skills

It is extremely important that DPOs have good communication skills so that they are able to communicate the requirements and the needs of data privacy and security responsibly. They are the point of contact in an organisation for any security breach or for supervisory roles for any data processing function hence it is very important to work on this skill for DPOs. They are also responsible for communicating with various stakeholders internally as well as externally.

They are also responsible for communicating with the regulatory authorities. If they are not able to express their concerns effectively, they will not be able to fulfil the role they have been hired to perform. They are also required to train the employees within the organisation on the security measures, then also this skill comes in handy. Good communication and problem solving skills come in handy while ensuring that the organisation’s data is protected and well within the regulations of GDPR and the local laws.

They are required to communicate complex technical and security language to the employees in a simple language precisely which involves breaking down terms into simpler language so that people from non-technical background are also able to understand the same. They are also responsible for handling personal and sensitive data, therefore requiring diplomatic communication skills to ensure that all the privacy concerns are addressed without alarming anybody. DPOs are required to coordinate with different teams internally to handle any privacy related matter, therefore it becomes very important for the DPOs to master these communication skills. 

Skills required by organisations in a Data Protection Officer

Different organisations look out for different skills in a DPO that would suit the requirements of their specific organisations. However, the above-mentioned skills are the basic skills that organisations generally look out for while hiring for the role of a DPO. Let us look into real life examples of job postings for the role of DPOs and understand what are the skills required by these organisations. They are discussed intermittently between various skills as below:

The above-mentioned clearly shows that the technical skills and the knowledge regarding data security and privacy compliance is of utmost importance. There is a need to have a good understanding of the protection laws in order to succeed in this role. Along with protection laws there is also a need to have an understanding of the business environment to understand the link between the two and to protect the organisation that you are working in from any potential data breaches. Some organisations also require you to have enough knowledge and skills in MS Office applications and have the necessary skills for data audit and analysis. 

These organisations are always biased towards having a customer centric approach as it is very necessary for the DPOs to have good communication skills and professionalism to be able to connect with the customer and understand their needs and incorporate the same in the transactions with them. It also states that the DPO must have an eye for efficiency and detail and must be able to work as a part of a team. DPOs are required to work with different teams and stakeholders therefore it becomes very important that they are able to work as a part of a team and able to handle different tasks and difficult situations simultaneously.

Along with the GDPR and privacy law knowledge, it is also pertinent for the DPOs to help the organisation with implementing the data privacy framework and policies in the way they conduct their business. It is their role to ensure that the work of the organisation is aligned with the privacy laws. The policies implemented by the DPOs in the organisation should follow the objectives of the organisation and be in compliance with the regulatory framework. Therefore, it is necessary to have strategic policy development skills to be able to perform this task proficiently. Having sound knowledge of technology will also help you boost your career in this field and will help you adapt to a tech industry much easier. DPOs having technical skills and knowledge will be able to assist in the organisations more effectively as they will understand the working of the technologies involved. 

Training skills are another important and necessary skill that is required in the role of a DPO as you are often required to train other members of the team, different departments, stakeholders, etc. on various policies pertaining to data privacy and security. You have to work closely with the other members of the team therefore it is very necessary to have good communication skills and is often required to engage with the customer or regulatory authorities as necessary. Negotiation skills also come in handy when you are dealing with the customers directly with issues related to data privacy and security.

DPOs are required to communicate and deal with different teams to get the deal done. They are required to have skills like attention to detail, problem-solving skills, and breach management skills. DPOs also have to manage their time because they also have to work on potential breaches which can be very time sensitive so they would be required to handle them on an urgent basis. Therefore, it is also necessary to have time management abilities and breach management skills. They need to work towards minimising any potential breach that might come their way. They need to have good organisational skills so that they can keep their team in check, keep the approvals from stakeholders in place and work towards protecting the sensitive data of the organisation and its employees.

Along with having prior experience and knowledge on privacy laws, some organisations also require that you have additional certifications on privacy law that will provide you with hands-on practical knowledge and information on these regulations. Similar courses have been dealt with in detail in this article above. Organisations also require DPOs to have cross-cultural knowledge regarding privacy laws which involve the local laws of the country they are working in, country their customers might be based out of and the GDPR regulations. DPOs have to work independently and autonomously at times and are therefore required to have strong problem-solving abilities and analytical skills. 

They need to be a good leader to the team that they are working with and should have good communication and leadership skills so that they are able to train their team and impart the wisdom and knowledge that they possess. They need to strike a balance between the needs, goals and objectives of the organisation and the regulations of privacy laws. They also have to work across various teams and are required to have business acumen to be able to understand the working of the organisation better and to be able to contribute proficiently to the organisation. They need to be responsible and free from any conflict of interest to be able to handle the sensitive information involved discreetly. DPOs should also have an eye for detail so that they do not miss out on any important information necessary for data processing.

Some organisations also require that the DPOs have a law degree as they will be able to carry out the legal requirements of the organisations as well, if necessary. DPOs and the legal teams have to review the data privacy and data security agreements which contain various legal clauses as well like indemnification, liability, etc. in addition to the clauses related to storage and processing of data. This is the reason that sometimes organisations require that the DPOs must have legal degrees as well, however it is not a mandate for a DPO to have a legal degree. However, drafting and negotiation skills are very important for a DPO to possess in order to close deals for the organisation. 

They should have these skills because they have to deal with the customer and partners as well and these skills come in handy when the customer is keen on their standard language only. These skills will help the DPO in making the customer understand the importance of finding a middle ground which will benefit both parties and will be in line with the updated privacy regulations as well. DPOs need to be affirmative and should have good decision-making skills as they are required to handle these deals on their own. They should be able to manage different priorities and should be able to help the organisation in managing any number of potential breaches that the organisation might face.

Behavioural, organisational and soft skills are very important for a DPO but the most important skills that should have the primary focus are the technical skills. If a DPO is not able to perform their duties efficiently, if they are not aware about the regulations and how to stop a potential breach then these additional skills will be of no use. Relevant knowledge and experience in the field of law, data protection, information technology or a related field will help you in gaining the basic knowledge that is necessary to become a successful DPO. You should then opt for relevant certifications which will help you in gaining practical knowledge and will give your hands on information on the topic. These certifications, courses, learning about the new changes in regulations, keeping up with the laws will help you the most in succeeding in this role.

Soft skills required in a Data Protection Officer

There are a variety of technical and organisation skills that are required for the role of a DPO but there are some essential soft skills that one must possess in order to navigate the role of a DPO through the various complexities that it involves. These soft skills include interpersonal skills like empathy. It is important that a DPO has empathy skills in order to understand the concerns of the customer regarding any security breach. They need this skill to connect with their colleagues while training them or working with them on the same project. This will help them in becoming a better guide and will also help them in understanding the concerns that their customers might have.

They should also have collaboration and conflict resolution skills in order to work efficiently with the other members of the organisation. Managing and resolving the data security disputes is also a necessary skill that they should excel in. Apart from having good communication and leadership skills, they should also possess decision making and time management skills in order to timely protect and safeguard their organisation from any potential data security breach. They should also be trustworthy as it is very important for them to maintain confidentiality and protect the personal information that they are privy to. They should handle the data very sensitively while demonstrating reliability. This will also help the other employees in reflecting similar skills and the customers will also relate and connect to these behavioural aspects.

DPOs are required to uphold the highest ethical standards as they are handling sensitive and personal information of other individuals. They should be held accountable for their actions and should take responsibility for protecting the data of the organisation. They should have an open mind and should be open to new ideas, techniques, strategies that will improve the implementation of the protection laws in the organisation. They should be calm under pressure and show resilience as often they will be faced with situations of potential breaches and people tend to make more mistakes under pressure. They need to be able to adjust to changes quickly as this field of law is currently developing so there are going to be some changes in the regulations. The technology also keeps on developing, hence it is very important to hire someone who can keep a positive attitude and adapt to these new changes quickly.

They should also be innovative and creative in their approach. They should try to handle the complex situation with new solutions that would help in resolving the issues more quickly and would help them in resolving the complex data protection challenges that their organisations face. They should also think proactively and should be prepared for any future breaches that they can anticipate. They should be able to make the best use of the resources that are provided to them by the organisation and should be knowledgeable enough to understand if they require more resources. They should be able to communicate their needs for more resources efficiently. They should be able to influence their team members to work on the data security issues proactively. They should also have good presentation skills in order to train their employees and the stakeholders on matters related to data privacy and security.

These soft skills will help a DPO to effectively manage their role and responsibilities in an organisation. By working on these skills, DPOs will be able to enhance their role as a leader and will be able to better communicate and collaborate with different teams and members of their organisation. It will also help the organisation to ensure compliance with the protection laws and to build a business that fosters a culture of privacy and trust.

Challenges faced by Data Protection Officers

The emergence of this new role has created a lot of pressure on the organisations to hire people who have prior experience in the field when the organisations themselves are not ready for such hiring. There was no clear vision to the role, responsibility and standing of a DPO in an organisation. The most demanding challenge that the DPOs have gone through in an organisation is the lack of support that they have received from the key stakeholders. The key decisions on how to control and process data depends on the DPOs and due to the urgent nature of deals, oftentimes the stakeholders pressurise the DPOs to enter into a deal quickly. It becomes pertinent for the DPO to create relationships internally with other departments to ensure air-tight compliance in deals as without getting their support they can expect difficulties when negotiating privacy documents. It is also necessary for the DPOs to educate the stakeholders on these privacy matters and to turn them into allies.

It is also important for the organisation to provide you with a team and other units who can cooperate with you and collect and identify personal data. A proper team is required because everything is dependent upon you and if you leave the organisation or if you are on leave, the organisation will fall apart. Therefore, to overcome this challenge it is necessary to have a proper team to be aware about the internal and external procedures and can function in your absence. You also need to ensure compliance with the management and the technical teams while pushing for new policies in the organisation.

DPOs are expected to train and educate people in an organisation, handle the processing of data, oversee compliance procedures, handle complaints, etc. but oftentimes due to budget constraints the privacy department faces a lot of challenges. This also creates a lack of independence for the DPOs and they have to follow instructions from other department heads on how to resolve issues and complaints related to data privacy and security. It is the sole responsibility of the DPO and their team to ensure compliance with GDPR and other local privacy laws, there should not be any interference or pressure from other departments in the organisation.

DPOs cannot be penalised for carrying out their duties, therefore companies should give them the liberty and should cooperate with them when they are at work. DPOs often face many challenges related to technical execution of their plans in an organisation. It becomes technically challenging for them to administer all these processes by themselves. They should be provided with data protection impact assessment tools to help them manage the organisation’s data. GDPR and privacy laws have come into the picture recently therefore, there is not a lot of jurisprudence on the matter. The interpretation of these laws and regulations also becomes tricky due to the technical language and the lack of jurisprudence. There can be more than one way of interpreting an article or a section under these regulations, which may create a challenge for the DPOs. Therefore, it becomes very important for the DPOs to stay informed about the happenings in the world of data privacy.

Future trends and requirement of Data Protection Officers

The online world is growing at a fast pace and there is a need for DPOs to protect the data of the organisations and people involved from getting misused. There are a lot of developments taking place in the field of technology. With these recent developments in technologies, there will be new rules and regulations governing these technologies as well. As this advancement takes place, organisations will face new challenges over time emerging from these developments. There is an urgent need to train the DPOs and build a proper team in your organisation revolving around protection of data. They will have to stay up-to-date regarding the emerging trends in this field and the implications of the rules and regulations on the protection of data.

DPOs will also have to adapt to the advancements coming their way and they will have to unlearn and learn about the new regulations that are formulated along with technological advancements. They have to ensure that their organisation always remains compliant with the privacy rules and regulations. With organisations, data privacy is becoming the top priority for individuals as well. There has been an increase in the awareness of privacy and protecting rights as well as the risks that are associated with data breaches. It becomes the duty of the DPOs to ensure that the personal data related to the individuals and the organisations are well protected and there is no space for any data breaches.

Conclusion

In the post GDPR and privacy regulation landscape, the role of DPOs have increased rapidly. They play a crucial role in ensuring that their organisation is in compliance with the GDPR and the local privacy laws. It is their role to ensure that they also protect the privacy and the security of an individual’s personal data along with the organisation’s data.  The responsibilities of DPOs have expanded over time including through understanding of the business and the technical aspects related to it. It also involves having great communication skills and the ability to work independently. There is a need to collaborate with other stakeholders internally and ensure that they are well-informed about the privacy laws and regulations.

Organisations can benefit greatly from the expertise of DPOs as they help in ensuring compliance with the privacy and data protection laws, safeguard their data and also prevent any data breaches. The future of GDPR and data protection depends on the dedication of the organisations to work with the DPOs and provide them with expertise on the matter. It is important to make these DPOs indispensable part of an organisation in this fast-paced technological world. Therefore, in order for the DPOs to achieve all of this for an organisation, it is necessary that they possess the combination of technical, soft and professional skills required for this role. They should have strong analytical abilities to minimise the potential risks of data breach, should have strong communication and interpersonal skills to cooperate with the stakeholders in the organisation along with great technical and regulatory knowledge. It is necessary to possess a combination of all these skills for the DPOs to foster a culture of data protection within the organisation.

Frequently Asked Questions (FAQs)

Should all organisations appoint a DPO?

No, all organisations do not need a DPO. Only those organisations that process large amounts of personal data or handle sensitive data should appoint a DPO.

What are the top 5 skills required to be looked for in a DPO?

The top 5 skills required by a DPO are risk management, knowledge of IT functions, technical background, legal knowledge and ability to operate independently.

What soft skills are required by a DPO?

Soft skills like problem solving abilities, ability to influence stakeholders, adaptability to new situations and collaborative approach with internal teams are necessary to look for in a DPO.

What are the technical skills required by a DPO?

Technical skills required by a DPO include knowledge of data security and encryption, understating of the IT system, experience with software related to cybersecurity, risk assessment, audit functions, and competence in managing data breaches.

References

• https://iapp.org/train/
• https://www.cybersecurityeducation.org/careers/data-protection-officer/#education
• https://dataprivacymanager.net/who-is-a-data-protection-officer-roles-and-responsibilites/
• https://dataprivacymanager.net/7-data-protection-officer-dpo-challenges-in-2020/#:~:text=7%20Data%20Protection%20Officer%20%28DPO%29%20challenges%201%201.,tools%20…%207%207.%20Lack%20of%20judicial%20practice
• https://gdprlocal.com/the-evolving-role-of-data-protection-officers-in-the-post-gdpr-landscape/#Evolution_of_the_DPO_Role