This article is written by Komal Arora. It delves into the role of Data Protection Officers in India as well as in the European context, their eligibility criteria, certification courses that are accepted internationally, etc. It also covers the career outlook and potential career opportunities, along with frequently asked questions on the topic.

Introduction 

We live in the era of data domination, where privacy and data breaches are the headlines every day. Data protection is hugely important in the modern business world where corporations handle, process, and store all kinds of personal information. In this era, the role of Data Protection Officers (hereinafter referred to as “DPO”) has emerged as one of the most trending positions in the organisations globally. DPOs are appointed by organisations to comply with all the relevant legislations such as General Data Protection Regulation (GDPR), and California Consumer Privacy Act (CCPA), and oversee the use of data within the organisation. They are the ones who build the trust of customers and individuals to provide the company with their personal data. Thus, pursuing a career as a DPO requires a unique blend of legal knowledge, technical expertise, and strategic thinking. If you are an aspiring privacy professional seeking to become a DPO, then read ahead to understand the process of becoming a successful DPO.

Who is a Data Protection Officer 

A Data Protection Officer (DPO) is a very important authority under data privacy and protection legislation. They are responsible for overseeing a company’s data protection and privacy strategies and policies and also ensuring its legal compliance. DPO is a relevant privacy professional under some data protection laws such as GDPR and Digital Personal Data Protection Act, 2023 (DPDPA). 

Data Protection Officer in Indian Law

In the Digital Personal Data Protection Act, 2023 (DPDPA), Section 2(l) defines a Data Protection Officer as an individual appointed by the Significant Data Fiduciary under Section 10(2).  A  Significant Data Fiduciary is defined under Section 2(z) as a data fiduciary or class of data fiduciaries as notified by the central government under Section 10. To understand the concept of DPO, let’s delve into what Section 10 of DPDPA entails.

Section 10(1) states that the central government may notify data fiduciary or class of data fiduciaries as Significant Data Fiduciary  on factors such as:

1. Volume and sensitivity of the personal data being processed, 
2. Risks attached to the rights of data principals,
3. The potential impact on the sovereignty and integrity of India, 
4. Risks to electoral democracy, 
5. Security of state,
6. Public order. 

Further, Section 10(2) provides that the Significant Data Fiduciary ‘shall’ appoint a Data Protection Officer who shall represent the Significant Data Fiduciary under the DPDPA and be responsible to the Board of Directors or other governing body. He shall be a resident of India and is responsible for acting as the point of contact for the grievance redressal mechanism under DPDPA.

Data Protection Officer in GDPR

The GDPR is the data protection law applicable to the European Union. Article 37 deals with the designation of Data Protection Officers. It states that the controller and processor shall designate a DPO in cases where:

1. The data processing is carried out by public authority or bodies except for courts acting in their judicial capacity, 
2. The core activities of the controller or processor which consists of processing operations that due to their nature, scope, or purpose, need regular and systematic monitoring of the data subjects on a large scale, 
3. The core activities of the controller or processor which consist of processing on a large scale of special categories of data in pursuance to Article 9 or personal data which relates to criminal convictions and offences under Section 10.

Article 38 deals with the position of Data Protection Officer. It states that the controller or processor shall make sure that the DPO is involved in all issues that relate to the protection of personal data. They shall support the DPO in performing tasks as specified by Article 39 (tasks of Data Protection Officer) and provide necessary resources to be able to carry out those tasks. They shall also make sure that the DPO does not receive any instructions from the controller or processor about these tasks. He shall not be dismissed or penalised for performing these tasks. 

Data subjects can also directly contact the DPO about any issues related to the processing of personal data and exercising their rights under GDPR.

DPO shall be bound by confidentiality about the tasks that he performs and may also fulfil other tasks which do not result in any conflict of interest. To avoid any conflict of interest, a DPO should not also be a controller of processing activities, or an employee on a short fixed term contract. 

Difference in the role of DPO in DPDPA and GDPR

Both DPDPA and GDPR provide more or less the same functions of DPO but there are some differences as well. Let’s analyse the roles and responsibilities of DPO under these laws:

Basis of distinction	DPDPA	GDPR
Application	DPDPA has an application for digital personal data processed in India and it also covers data processed outside India if it is related to offering goods or services to individuals within India	GDPR, on the other hand, applies to organisations that process the personal data of individuals in the European Union and the UK
Appointment and independence	In DPDPA the DPO reports to the highest level of management and represents a Significant Data Fiduciary	GDPR focuses on ensuring the independence of the DPO from the organisation
Contact point for data subjects and authorities	Under the DPDPA, the DPO acts as a contact point for data principles and the Data Protection Board of India	In GDPR, DPO is the contact point between the organisation, data subjects, and supervisory authority
Compliance and educating employees	In DPDPA, DPOs are responsible for ensuring compliance with DPDPA and educating employees about its provisions	In GDPR the relevant law is that of GDPR
Budget	In DPDPA, DPOs manage the budget and acquire the relevant compliance tools	In GDPR, the organisation allocates resources to support the responsibilities of the DPO

It is important to note that while the DPDPA and GDPR share some similarities, the organisation must change the role and functions of DPO to be able to meet the needs of the company while adhering to their applicable laws. 

What is the role of a Data Protection Officer 

The primary role of a DPO is to ensure that their company processes the personal data of data subjects while complying with the applicable laws. The DPO must also perform duties, such as:

Training and awareness

It means DPO must ensure that the controllers and data subjects are well informed about their data protection rights and obligations and also raise awareness about it in the following ways:

1. Developing training sessions and programs to educate employees regarding data protection, GDPR, and DPDPA compliance, internal data handling strategies, data encryption, data response, etc. 
2. Conducting workshops for employees to enable interactive sessions on data protection with practical case studies and exercises so that they can get a better understanding of it. 
3. Regularly updating the employees with the help of monthly newsletters or emails highlighting the changes introduced and how the organisation needs to adhere to them. 
4. DPO also conducts incident response drills, which are important in preparing employees for data breaches. 

DPO also ensures that the data subjects are well informed about their data protection rights and obligations in the following ways:

1. DPO must ensure that privacy policies on the websites are written in simple language and are easily accessible. When a client visits the website, they should get a pop-up notification regarding how the organisation will use their data and what are their rights against the organisation. 
2. DPO should find innovative ways such as social media, emails, videos, etc. to educate the individuals concerned regarding data protection rights, the right to access or right to erase data, etc. 
3. DPO is responsible for establishing some support systems on websites for letting the data subjects raise their concerns and receive immediate assistance.

Advice and consultation

DPOs must give advice and recommendations to the organisation on how to interpret and apply the data protection laws.

For example, if the organisation works in healthcare, DPO will work on the way the data of clients can be collected while minimising the data collected and using encryption tools to protect it from possible breaches. DPO will work to comply with the relevant laws within the organisation. This can be done in the following ways:

1. DPO needs to regularly meet with the stakeholders and management of the organisation to update them regarding the data protection laws and offer advice on compliance. 
2. They also provide tailored guidance and tips on best practices to the organisation. 
3. DPOs are always involved when the organisation starts any project for the reason that they are consulted regarding data protection strategies, data protection impact assessment or data minimisation, etc. 
4. DPO is responsible for establishing internal communication channels within the organisation where he can be consulted about data protection issues. 

Records of processing operations

DPO also needs to create a register of the organisation’s processing operations and notify the European data protection supervisors about the risks present (in GDPR).

Their role includes the following responsibilities:

1. DPO has to create a detailed register containing all the information about data processing within the organisation. It should include details like the purpose of processing, categories of data collected, the legal basis of processing, or request of data subjects. 
2. There has to be a strict routine of regularly updating the register of processing activities. 
3. DPO can also use a data management system to maintain the register and accurately record every detail. 
4. DPO organises training sessions to educate employees regarding the importance of maintaining records of processing activities. 
5. Regarding notifying the supervisory authorities, DPO must conduct assessments and evaluate the potential impact of reaches on the organisation. This information along with reports should be conveyed to the relevant authority. 
6. Any communication made with the authorities or data subjects should be recorded and retained for future purposes. 

Compliance with data protection laws

DPO must make sure that the company complies with the data protection regulations of the country in which they operate and ensure accountability for its failure.

To ensure compliance with laws, DPO has to perform the following responsibilities:

1. Conducting regular audits of the data processing activities to review the organisation’s practices. This will include analysis of data storage, processing, and data transfer policies and then compliance with the relevant data protection laws.
2. Implement compliance checklists of all the essentials as per the relevant data protection laws.
3. DPO also is responsible for developing and enforcing clear data protection strategies for the organisations they are working for. These policies should always be up to date and abide by the changes.
4. To be able to ensure compliance, DPO can form a committee dedicated to compliance, reviewing policies, and addressing data protection concerns. 
5. DPO needs to require all the third party vendors and partners to comply with the data protection standards. 

Ensuring the rights of individuals concerned

Simply, DPO must take care of queries or complaints when requested by the company, controller, or other person, or on their own. They must ensure that there is a system in place to handle requests of data subjects related to their data. DPO is responsible for managing systems to reply to data subject requests regarding the use of their information, right to access, rectify, and erase it as well as data portability and right to object against data processing. By managing these processes, the DPO safeguards the rights of individuals and enhances trust in the organisation.

For example, when an organisation receives a request from any individual who wants to access their personal information, the DPO will coordinate with the departments and ensure the data is provided to the client in time. They will oversee the implementation of portals where these requests can be raised and communicate further with the clients. 

This role includes the following responsibilities: 

1. The DPO establishes a data subject request system to manage data requests and track the requests so that they are handled efficiently in time. DPO is responsible for creating procedures and guidelines to handle such requests.
2. The mechanism for data subjects should be simple and accessible with instructions and DPO should implement a system for acknowledging requests and notifying data subjects about the status of their request. 
3. DPO handles objections to data processing by assessing it and verifying the identity of the individual. Then he must take appropriate steps to provide a remedy against the objection. 

Liaison with supervisory authorities

DPO also needs to cooperate with the relevant data protection supervisors regarding investigations, handling of complaints or inspections, etc.

For example, when the organisation suffers from a data breach, the DPO must immediately contact the relevant supervisory authority regarding this breach. Their role will include cooperating with authorities for investigation and implementing their recommendations.

It shall include the following responsibilities: 

1. DPO will establish formal communication channels with the relevant supervisory authorities and designate a specific individual within the organisation as their primary contact. 
2. DPO is responsible for timely replying to inquiries conducted by these authorities and giving them accurate information as requested. 
3. DPO also cooperates with the authorities during investigations related to data breaches or complaints. 

Risk management

DPO must regularly assess the data related activities and look for potential risks. They must make the company focus on their failure to comply with rules on data protection and privacy.

For example, DPO will perform these functions:

1. DPO will conduct a regular risk assessment to identify potential vulnerabilities in the organisation and develop risk mitigation strategies to ensure data protection. 
2. DPO must identify risks and record them in registers, categorise them based on their likelihood of occurrence, and how the organisation can protect itself from such risks. 
3. There must be a monitoring mechanism to assess how effective risk mitigation strategies are. 
4. DPO must also educate employees about the consequences of non-compliance with the relevant laws and highlight the potential legal and financial penalties or reputation damage. 

Article 39 of GDPR the DPO shall have at least the following tasks:

• To inform and advise the controller or processor and employees who are engaged in processing of their obligations as per the regulations;
• To monitor compliance with regulations and other data protection provisions, policies, etc;
• To provide advice regarding the data protection impact assessment as well as monitoring its performance as per Article 35 of GDPR;
• To cooperate with the supervisory authority;
• To be the point of contact for the supervisory authority on the issues that relate to processing and to consult  with supervising authority where appropriate; and 
• The DPO in the performance of their tasks must have due regard to the risk associated with processing operations and take into account the nature, scope, context, and purpose of processing. 

Who can become a Data Protection Officer

Anyone who has an interest in data protection can become a DPO. It is not necessary that only lawyers can qualify to become DPOs. The potential candidates can emerge from any field. 

It is also not a rule that only the employees who are working in the organisation will become DPO. It is not an internal appointment and the organisation can appoint anyone who has the desired qualification which shall be discussed hereinafter under this article. Remember that independence is the key requirement for the appointment of a DPO. So, anyone who is already working in a managerial position in the organisation and working towards the purpose and means of the processing of personal data cannot be appointed as DPO as it leads to a conflict of interest. 

An in-house counsel of the organisation or any member of the legal team can also serve as DPO as long as they can ensure their independence and prevent conflicting interests. The independence of a DPO can be guaranteed by not having any supervisory authority over the DPO and making them directly report to the highest level of management.

Thomas J. Shaw is a privacy and technology lawyer who has worked across disciplines around the world and is the author of various handbooks on DPO is of the opinion that there are 2 professions best suited to becoming a DPO. The first is privacy or technology lawyers and the second is certified public accountants or chartered accountants. A privacy and technology lawyer is a licensed professional with practical experience in privacy certifications, informational security standards, security laws and policies, etc. Accountants have practical experience in attestation, and audits and have appropriate information security and privacy certificates as well.    

Generally,  the following categories of people are transitioning toward the role of DPO:

• Lawyers and legal, compliance professionals who are working in companies with huge amounts of data;
• Lawyers who want to move into the field of data protection and privacy laws;
• Chartered accountant and company secretary working with clients in data based industries; and 
• Young lawyers who are looking for opportunities to work in the domain of information technology and data governance of companies

Steps to become a Data Protection Officer

In brief, to become a DPO, you must fulfil the following requirements:

• Obtain a degree in a relevant field such as law, computer science, information technology, etc.; 
• It is crucial to get a deep understanding of the privacy laws of the country where you wish to practise or become a DPO in as well as GDPR; and
• Get a certification in data protection.  

Now, let’s understand each requirement in detail:

Educational background  

So far, there is no nationally or internationally recognised rule that a particular qualification is necessary to become a DPO. However, any person who is interested in becoming a DPO should at least have a graduate degree. Interestingly, law, information technology, or computer science are all acceptable degrees. There is no strict requirement to have a specified degree only. Please note that while a formal education in these fields is seen as an added advantage, it’s not a prerequisite for the role of a DPO. Even if you’re not from this field but have a strong foundation in understanding privacy laws and regulations, you can still be a DPO. Having a background in these fields can be beneficial because data protection revolves around legal compliance and understanding of the IT structure, but this knowledge can be gained from alternative educational routes such as certificate courses. 

Also, having a master’s degree or any advanced study in data protection, privacy law or cybersecurity provides an edge over the other candidates. As per the growing trends, most of the DPOs are emerging from fields such as law, cybersecurity, computer science, information technology, business administration, or management. 

Expertise

The data protection laws and regulations require a potential DPO to have expert knowledge of the subject. Expertise in data protection can be gained from the following:

• Knowledge of the regulatory requirements such as GDPR, CCPA, DPDPA, or any other relevant law of the country concerned. All these legislations apply to different jurisdictions but having comprehensive knowledge of these laws is a must to become a DPO. They should be aware of important concepts such as the rights of data subjects, data protection impact assessment, legal grounds for processing, and obligations of controllers and processors, etc. 
• Knowledge of principles and best practices of data protection is also necessary. 
• They should be able to understand how information technologies relate to data protection. Having a good grasp of data security practices such as encryption, and cybersecurity can be beneficial to a DPO. 
• They should also possess knowledge about the organisation and its processing operations. Being able to analyse the data protection system is important to be a DPO.
• With expertise, the DPO can identify, assess, manage, and mitigate risks in a better way. 
• Being able to conduct privacy impact assessments in order to evaluate the potential impact of data processing activities is an important function of DPO, and that comes with its expertise. 

Legal requirements

The DPDPA does not specifically provide any provisions for eligibility of a DPO. It merely states that under Section 10(2) the Significant Data Fiduciary shall appoint a DPO who is based in India, other than this there is no other legal requirement. 

In GDPR, Article 37(5) to (7) deals with the requirements of a DPO. It provides the following essentials:

• The DPO must have professional qualities; 
• He must possess expert knowledge of data protection laws and practices; and 
• He should be able to fulfil the task under Article 39 (tasks of DPO).

Recital 97 also states that the necessary level of expert knowledge should be determined in particular, according to the data processing operations that are carried out and the protection required for personal data processed by the controller or processor. 

Certificates, training programs /courses 

A candidate is considered to be best suited to become a DPO when he has certifications such as Certified Information Privacy Professional (CIPP) or Certified Data Protection Officer (CDPO) which are conducted by different organisations as given below and are globally accepted certificate courses. Obtaining these certificates can be a challenging process but it increases knowledge and can significantly bolster your career progress. These certificates are available for both students and professionals. Let’s take a look at some common certificates:

Certified Information Privacy Technologist (CIPT)

This certificate is offered by the International Association of Privacy Professionals (IAPP) which is based in the US but is accepted globally.  This certification focuses on technologists, IT Professionals, informational security professionals, and profiles that are responsible for the implementation of privacy with the help of the technology systems. It covers all important concepts of data protection and privacy. This certification validates that the candidate has a deep understanding of privacy and related issues in data processing and handling and authenticates that you possess dual literacy in privacy as well as technology. It is also one of the certificates recognised by the ANSI National Accreditation Board (ANAB) of the USA under the International Organisation for Standardisation (ISO).

CIPT consists of an exam that assesses the skills of the candidate to understand and integrate strategies and techniques to minimise privacy threats. The exam consists of 90 multiple choice questions and the time allotted for it is 2.5 hours with a 15 minute break. This test is to be completed within 1 year of the purchase. The exam can be taken either virtually from home or physically in person at a test centre. For test centres, the candidate can choose any Pearson VUE (Virtual University Enterprise) test centres.

Certified Information Privacy Professional (CIPP)

This certificate is also offered by the International Association of Privacy Professionals (IAPP) which is based in the US but is accepted globally. This certificate is specifically designed for privacy professionals. It contains the analysis of privacy laws and practices accepted globally. There are four concentrations of the CIPP course and each focuses on a specific region, such as:

1. CIPP for Asia, 
2. CIPP for Europe,
3. CIPP for the United States, 
4. CIPP for Canada.

This certification is proof that you have knowledge of the privacy laws and regulations and their application. It ensures a foundational understanding of the broad global concepts of privacy and data protection such as jurisdictional laws, privacy related concepts, enforcement modes, or legal essentials for transferring and handling of data, etc. You can purchase this exam here.

Certified Information Privacy Manager (CIPM)

Certified Information Privacy Manager is a certification offered by IAPP that is accepted globally and is designed to focus on professionals who are responsible for the management and implementation of data privacy policies. It is generally taken by privacy managers, privacy officers, and legal experts who are in charge of the management of data.  There are Brazilian, Portuguese, Chinese, French, and German versions of this program.

This certification is the global industry standard in privacy programs to master the skills required in a privacy manager and add value to your organisation. You can purchase this exam here.

Professional Evaluation and Certification Board (PECB) Certified Data Protection Officer (CDPO)

The PECB CDPO certification course is specifically designed for Data Protection Officers and it is accepted globally. It consists of all the necessary skills, knowledge, and expertise as required by a DPO. Thus, it is best suited for the candidates who want to become DPOs. As data protection is becoming more valuable, there is a growing need for the organisations to protect their data. In order to effectively protect the rights of individuals, comply with laws, and preserve the organisation’s reputation, the role of DPO is of utmost importance. This course will help you to acquire knowledge and skills to serve as a DPO. It focuses on both the theory as well as the best practices for DPO.

There is first a training course, then an exam is conducted, on passing this exam you can apply for this certificate credential. 

Certified in Data Protection (CDP)

This certification is provided by the Identity Management Institute (IMI) which is located in the US but is accepted globally. This certificate consists of in depth global training on data protection. It includes all the international standards and privacy laws. Thus, it is one of the best consolidated training programs for privacy and security concepts. The interested candidates must be members of IMI and pass the online exam to become certified. To fill out the membership application form click here. The exam has 100 multiple choice based questions and the candidate must score at least 70 marks to be certified. This exam can be taken for a maximum of 3 times.

Please note that the certification or course requirements may change with the job. 

Is getting any of the above certificates mandatory

Getting a certificate is not mandatory for becoming or taking the role of DPO. It is important to note that it is not a degree but a certificate only. The only way to be eligible for it is to purchase the exam from the IAPP website and sign a candidate application statement. To know more about it, click here.

A certificate regarding data protection and privacy is not a traditional educational qualification and can be obtained by those who want to prepare for data protection roles. It is an important career effort that requires you to put your best foot forward. Whether or not you get a certification course is a personal choice but it is surely recommended to get better career opportunities in the field of privacy. With these certifications, the career opportunities get wider as they include not just Data Protection Officers, but also privacy managers, compliance managers, privacy counsels, privacy analysts, data privacy advisors, or consultants, etc. Multinational companies and tech startups are always on the lookout for lawyers who have knowledge of privacy laws and these certifications can work to your advantage. 

Also, it is no doubt true that with these certifications, there is an increase in your value and credibility. For example, as per payscale, the average salary after these certifications is as follows:

How to prepare for privacy certificate courses 

Like any other exam, these certification exams also demand hard work and patience. IAPP itself recommends that the candidates should study for at least 30 hours before taking any exam. If you are completely new to privacy laws, this time would be double for you. So, it is recommended to start preparing for the exam at least 2-3 months prior and dedicate at least 6-8 hours every week. 

You can also take help from courses or online classes to prepare for these exams. To know more about it, click here. 

What are some of the problems candidates face while attempting these exams and how to avoid them

Here are some common issues that are faced by candidates while taking these exams:

1. Uncertain syllabus: The major issue is that the syllabus for these exams is not fixed. Questions are not limited to a particular syllabus and can be asked from anywhere surrounding privacy laws. The simple solution for this problem is to get guidance from courses, test series, or training programs as they are more well versed with the changing syllabus and can give valuable advice. Also, practise as much as you can as with practice comes confidence.
2. Situation based questions: The questions that are asked are factual, based on situations. No matter how much guidance you have sought from the resources available, in the end you need to know enough to be able to solve these questions on your own. The best strategy to resolve these problems is through practising, studying, constantly practising questions, and keeping yourself updated with the changes and advancements in laws. 
3. Insufficient guidance: Lack of guidance available at affordable cost is also an important issue. Though there are many online and offline programs designed for these exams, there is still a lack of mentoring and hand holding sessions for resolving doubts during preparation. That being said, you should always choose courses or programs after thorough research and considering reviews of other candidates. 

Practical experience

Like any other career option, the role of a DPO also needs practical exposure. Merely theoretical knowledge gained from the provisions of laws and courses is not enough to secure you a successful career as a DPO. Please note that it is not an entry level position and your practical experience will decide your career progress. Working in roles that offer a glimpse of data protection, even if not directly as a DPO can be beneficial. Such roles may include IT security, legal compliance, or data management, etc. 

To give you an idea about what kind of experience companies look for in a DPO, here are some of the Data Protection Officer jobs which are also mentioned below in the career opportunities part:

1. Experience to become DPO- 5 to 10 years minimum; 
2. Experience in data protection compliance, preferably in the gaming industry or related technology sector;
3. DPO experience in a global firm with more than 500 employees;
4. At least 2 years experience with GDPR and working knowledge of CCPA; and
5. Experience in building privacy frameworks etc. 

This might give you an idea of how much companies emphasise practical experience. 

Skills required

A DPO must have skills such as:

• Excellent communication skills: Effective communication with the stakeholders is a fundamental skill to acquire to become a DPO. Clear communication is vital in an organisation to be able to translate complex rules into simple tasks to promote a culture of privacy within the organisation. 

For example, a DPO is responsible for conducting training sessions for employees, coordinating with supervisory authorities and cooperating with clients, etc. This requires clear and concise language to be able to effectively communicate with others. 

• Legal understanding of global privacy laws: DPOs are required to have an in-depth knowledge of the global privacy laws such as GDPR, CCPA, DPDPA, and other upcoming legislations. It is fundamental to understand the nuances of data protection laws and interpret them in the best interest of the organisation. 

For example, as a DPO your role is to conduct a comprehensive review of the organisation’s data handling practices and make sure that it complies with the relevant data protection laws. Only then can DPO provide legal guidance in cases of international data transfers, and data protection mechanisms and protect customer data.

• Technical acumen: Technical proficiency is a critical skill to acquire, as with rising issues of cyber threats and security, DPOs must understand the technical aspect of data protection as well. 

For example, DPO must closely work with the IT security teams to implement encryption protocols to protect sensitive customer data.  DPO has to conduct technical audits and recommend solutions to improve data security in the organisation. Knowledge of technical aspects will prove to be instrumental in safeguarding the data of clients.

• Leadership skills, integrity, and ethical conduct: This skill is essential for DPOs as they must lead by example and ethically handle data protection practices. They need to balance between business goals and the privacy of individuals while ensuring integrity and public confidence.   
• Ability to make independent decisions: As DPOs are responsible for ensuring compliance with laws, they must work independently from the organisation and make decisions that uphold the right to privacy. 

In cases where an organisation suffers a data breach, the DPO must take immediate action to assess the incident and mitigate risk. In such cases there is no time to rely on others, he needs to initiate an investigation and determine the root cause of it independently. 

• Risk management: DPOs are responsible for ensuring compliance and managing risks. So, they must be skilled at identifying the potential risks and developing strategies to mitigate them and increase the trust of customers.
• Strategic policy development: DPOs must be able to develop and implement strategic privacy policies. They need to create policies that reflect the values of the organisation while ensuring its compliance with laws.

As a DPO, your role will include the development of privacy policies, working closely with legal and compliance teams, and ensuring consistent adherence to data protection laws. For this, he needs to be able to develop policies for the organisation. 

Commitment to learning 

Data protection is a field that is constantly evolving. There are new regulations, laws, and best practices that the DPO must be aware of. Here is why commitment to continuous learning is such an essential requirement in the DPO:

1. Regulatory updates: There are frequent updates to existing laws and court rulings which can change the interpretation of laws and DPO must be aware of it. Staying current with such changes is important to ensure that the organisation is adhering to laws and is not fined for its violation.
2. Technological advancement: In this data driven world, there are technologies that are being developed every minute. With new technologies come new risks and opportunities in the way data is protected and handled. Continuous learning will allow DPO to stay a step ahead and analyse the implications of these technologies of privacy. 
3. Best practices: Learning from the best practices of the industry will allow DPO to gain better insight into privacy and he can respond with clarity. 

It is, thus, important for the DPO to be committed to continuous and ongoing learning. 

Networking 

Building professional relationships with other professionals is called networking and it can provide you with invaluable insights about the industry, you can discuss and learn from other’s experiences. This collaboration will make you grasp the concepts faster. Engaging in professional conferences and programs can also provide you with better career opportunities. Thus, it will enhance your professional competence and showcase your commitment to privacy. 

Benefits of becoming a Data Protection Officer

Having a career as a DPO is extremely rewarding and attracts many candidates for the following reasons: 

High demand and career advancement

The roles of DPOs are becoming more popular with the data protection laws. There is a rising demand for skilled DPOs. Also, being a DPO in an organisation will bring up more career advancement opportunities and add value to your job profile. With certifications such as CIPP or CIPT and specialised skills such as risk assessment, compliance, and data privacy management you can get better career opportunities. 

High earning potential

If you are employed as a DPO you can earn competitive salaries and benefits due to the specialised nature of your role in the organisation. Organisations are paying handsome salaries to privacy professionals as without their guidance, they would have been paying hefty fines for violating data laws. As you gain experience in the field, you are able to demonstrate a higher level of expertise and it makes you more attractive to employers. Remember that data protection is a versatile field and you can shift to different sectors, it showcases how you are a valuable asset and it can be used as a leverage to get the best earning package.

Intellectually challenging

The role of DPO involves continuous learning and it is intellectually challenging to keep up with the change in global laws. This role is fulfilling and never gets monotonous. It encourages problem solving, critical thinking, and creativity on the job. Working closely with various departments such as IT, legal, marketing, etc., and thinking creatively to address privacy challenges is an important factor that enables the personal growth of an individual. 

Satisfaction of safeguarding privacy

DPOs play a crucial role in safeguarding the privacy of individuals and advocating for ethical data practices within the organisations. They develop privacy policies, implement data handling practices, and prevent misuse of data. This upholds the right to privacy and promotes transparency in data related activities. They make it easy for individuals to exercise their data rights and reinforce their trust in the organisation. Making such a significant impact contributes to job satisfaction.

Leadership opportunities

DPOs are important and influential positions within the organisation, and they closely collaborate with senior teams, legal teams, IT departments, and other stakeholders. This gives the opportunity to influence decision making and lead others toward best practices of data privacy. They develop strong relationships with senior management leaders by presenting to them reports related to data protection, giving compliance status, and making strategies for data protection. 

Global career opportunities

Working as a DPO will never restrict you to a particular career. Privacy professionals can work in any field where the company needs to comply with data protection laws. They also need not be limited to any particular jurisdiction and can take up global career opportunities. You can gain experience in different fields to broaden your skill set and build a network with global professionals and international organisations. Obtaining globally recognised certificates will validate your knowledge and lead to opportunities around the world. 

Thus, working as a DPO is a rewarding career with ample opportunities for professional and personal growth.

Challenges of a Data Protection Officer 

Becoming a DPO is indeed a rewarding career, but it also comes with the following challenges:

Complex regulatory laws

Data protection laws and regulations are constantly evolving due to the change in technology. These laws significantly differ in various jurisdictions and staying up-to-date with all these laws can be a challenge. To be able to address this challenge it is important to be updated with the help of online resources or newsletters and participate in education programs, conferences, etc. 

Ensuring compliance with laws

DPO needs to make sure that there is compliance with data protection laws, and this can sometimes be against the interests and needs of the company. So, DPO needs to balance between compliance and operational needs of the company. For this, the DPO must collaborate with different departments to find practical solutions to compliance while upholding the needs of the organisation. 

For example, if the organisation is launching a new product for which data needs to be collected, DPO will find a way to collect it while protecting the rights of data subjects.

Identifying data breaches

DPO also needs to prevent data breaches and maintain data security with constant vigilance. For this, they need to closely work with the IT and cybersecurity teams to be able to swiftly respond to threats, notify authorities, and take corrective remedial actions to mitigate risks. He must implement strict security audits and assessments to create an incident response plan. He will also notify the affected individuals and supervisory authorities as per law. 

Managing data subjects’ rights

DPO is also responsible for managing the rights of data subjects which includes rectification of information, access, erasure, data portability, etc. They also need to take control of requests from the data subjects to exercise their rights. Managing the request of data subjects is a very important function and the DPO cannot commit any errors. 

Emerging risks

With the upcoming modern technology like artificial intelligence, Internet of Things (IoT), etc. staying ahead of these privacy related risks is a constant challenge and DPO must develop strategies for it. There are new technologies which means new methods of data collection and storage, which can lead to unforeseen privacy related risks. These technologies often outpace the development of regulatory frameworks, thus becoming a challenge for the DPO.

Despite these challenges, DPOs play an important role in safeguarding individuals’ privacy and assisting the organisations in this process. 

Which companies require a Data Protection Officer

Under the GDPR, certain organisations are required to appoint a Data Protection Officer. Article 37 of the GDPR provides for the designation of the DPO. It states that the controller and the processor are obligated to appoint a DPO in three cases. They are as follows:

• When the data is being processed by public authorities and bodies: All the public authorities and bodies, no matter what kind of activities they do or personal data that they collect, all of them have to appoint a Data Protection Officer. This may include any government agency, municipality, or other public institution. However, it must be noted that this doesn’t cover the data processing by courts that act in their judicial capacity.
• When core activities consist of data processing: The organisations where the controllers or processors whose core activities consist of data processing, require systematic monitoring of data subjects, also need a DPO. These are the organisations that are engaged in large scale systematic monitoring. This category may include telecom companies, data analytics firms, etc.
• Organisations that process special categories of data on a large scale: Businesses that process large amounts of special categories of personal data such as financial data, health data, etc. also are obligated to appoint a Data Protection Officer. This has to be read along with Article 9 and Article 10 of the GDPR. Article 9 covers the processing of special categories of personal data such as political opinions, religious, or philosophical beliefs, genetic or biometric data, or any data that concerns the health, or sexual orientation of a person. Similarly, Article 10 covers the processing of personal data of individuals that are related to criminal convictions and offences. This part may cover healthcare providers, insurance companies, and certain other organisations.

In order to see if a company comes under the obligation to appoint a Data Protection Officer or not, it’s required to see what are its core activities. The term ‘core operations’ refers to the primary operations that the company is involved in. If the company has such activities, that data processing forms an integral part of its main work then it will be considered to be its core activity.  To illustrate, a hospital may require the health data of its patients in order to function, so it is essential for performing its core activities, and thus, it will be required to appoint a Data Protection Officer.

The next factor that has to be considered to understand whether a company needs a Data Protection Officer is the scale of processing. This refers to the scale in which personal data is being processed. It covers facets such as the number of data subjects involved, the volume of the data processing, the duration of the processing of data, and the geographical extent of the processing.

The following are a few industries/companies that may require a Data Protection Officer in order to comply with the applicable laws:

• Healthcare providers: Healthcare providers such as hospitals and clinics handle a large volume of personal data, as they deal with sensitive health data, the appointment of DPO becomes significant. The DPO will ensure that the health information of the patients is protected and safeguarded by the healthcare provider and that the information isn’t leaked out to a third party.
• Telecommunications companies: The telecom companies also process vast amounts of personal data. They have access to call records, location data, and internet usage patterns of their users. Having a DPO will ensure that all the data that’s collected and processed is done in accordance with the law.
• Financial institutions: Financial institutions such as banks and insurance companies also require a DPO as they process the financial data of their clients. They need a DPO to ensure that this sensitive data is protected properly and it complies with the regulatory requirements.
• Technology and social media companies: The corporations like Google, Twitter, and Meta are widely known to engage in extensive data collecting and processing. They are also obligated to appoint a DPO to manage the data collected, address the data subject rights, and ensure proper compliance with data privacy laws.

Career outlook of a Data Protection Officer 

The field of data protection and privacy rights is booming right now. The saying that data is the new oil holds true. The companies need Data Protection Officers to comply with upcoming and complex laws. By every indication it can be easily said that the need for DPOs will continue to rise significantly for the foreseeable future. A few reasons why the career outlook of a Data Protection Officer looks bright:

1. Growing regulatory requirements: There are stringent data protection laws and regulations such as GDPR, CCPA, and DPDPA enacted throughout the world which leads to an increase in the demand for DPOs. To ensure compliance and avoid hefty fines and legal disputes, DPOs are appointed thereby expanding the requirements of DPOs and their career horizons. 
2. Increase in data breaches: It is no doubt that in today’s fast paced world, the frequency of cyber attacks and data breaches has increased. It requires robust data protection measures and informed DPOs to safeguard the sensitive personal information that is shared on various sites and social media platforms. DPOs must ensure that the organisation mitigates these risks by adhering to data protection laws, conducting regular audits, and educating all the employees about it. 
3. Adoption of digital technologies:  As businesses continue to grow, they also adopt digital technologies to handle such a large volume of data. With new technologies come novel risks and compliance challenges. In such scenarios, the role of DPO becomes even more essential.  They guide the organisations to adopt the secure and appropriate data protection strategies to address such emerging threats and safeguard sensitive information.

Pay scale of Data Protection Officers 

According to GDPR.CASH, the average salary of a DPO is EUR 71,584 annually, which translates to $83,582 U.S. dollars every year.

As per Glassdoor, the average salary of a DPO in India can be between Rs.5 lakhs to 29 Lakhs. 

Career path of a Data Protection Officer 

As we have already discussed, the position of DPO in a company requires experience and it is not an entry level position. To gain experience in the field of data privacy you can start with entry level positions such as privacy analysts. Their responsibilities include monitoring data protection compliance, conducting risk assessments, supporting data privacy initiatives, etc. 

After gaining some practical experience, you can then apply for mid level positions such as data protection analyst. Their responsibilities include developing and implementing data protection policies, managing data protection impact assessments, and preparing for privacy training programs. After some years of experience, you are eligible to be appointed as a Data Protection Officer or Chief Privacy Officer (CPO). They are the ones who oversee the data protection strategy, ensure compliance with laws, and act as the point of contact for regulatory authorities.   

The career trajectory of any privacy professional can at last evolve into the role of Chief Privacy Officer (CPO). CPO is the highest order of command in privacy related roles. 

Career opportunities for Data Protection Officers

It is already established that the career opportunities as a DPO are looking bright in the foreseeable future. There are ample opportunities to work as a DPO and establish one’s career in privacy laws. The following are some of the available opportunities over various platforms: 

To be able to analyse what companies are looking for while recruiting a DPO,  let’s understand the qualifications required through these available career opportunities:

Assistant Data Protection Officer – Maruti Suzuki India Ltd.

Maruti Suzuki has a vacancy for a DPO with the following requirements:

• Education: It is mandatory to have an LL.B. degree from a recognised University. 
• Experience: Practical experience of 3-7 years in managing regulatory compliance and related work is also compulsory. 
• Preference: Candidates with knowledge and experience in data protection compliance will be preferred. Strong understanding of data protection laws, privacy compliance, and data security standards, and proficiency in MS office, excel, etc. would be preferred.
• Purpose of the job: The recruited person will be responsible including but not limited to the following:

1. Maintaining integrity and confidentiality of personal information of customers, employees and stakeholders; 
2. Customer engagement, Handling customer data privacy inquiries, and ensuring customer’s trust;
3. Working with other departments for compliance measures; 
4. Documents and record keeping; 
5. Assisting in developing and implementing of data privacy framework; and
6. Staying updated with technological advancements and their implication on data privacy.

• Personal qualities: The following personal qualities are required in the desired candidates:

1. High integrity; 
2. Professionalism and ethics;
3. Willingness to learn; 
4. Proactiveness; and
5. Ability to manage multiple tasks.

To know more, you can click here.

Data Protection Officer- Sweven Infotech 

Sweven Infotech which is an IT consulting and IT services company is looking to hire a DPO for their company in Pune with the following qualifications:

• Education: It is mandatory to have an LL.B degree or degree in computer science or any related field. 
• Experience: Practical experience of at least 5 to 10 years is compulsory. Along with it certification in cyber security, CIPP, CISSP, and CIMP are also required.
• Preference: Candidates with experience in legal audits of information systems, attestation audits, and risk arrangements will be preferred. 
• Purpose of the job: The recruited person will be responsible for the following tasks:

1. Provide expert advice and educate employees on data compliance; 
2. Draft new and amend existing data protection policies, guidelines, and procedures; 
3. Train all the staff members who are involved in data handling; 
4. Conduct audits for compliance and maintain records of all data processing activities; and 
5. Serve as a point of contact for data protection authorities. 

• Personal qualities: The following personal qualities in candidates are required:

1. Strong management skills; 
2. Ability to work under pressure; 
3. Manage sensitive and confidential information; 
4. Excellent verbal and written communication skills; and 
5. Attention to detail. 

To know more, you can click here.

Data Protection Officer- JungleeGames

JungleeGames is a skill games company that combines data science, innovation, and technology to build games. They are looking to hire a DPO for their company with the following qualifications:

• Education: It is mandatory to have a bachelor’s degree in law,  computer science, information security or any related field. 
• Experience: Proven experience in data protection compliance preferably in the gaming industry or related technology sector is required. Along with it strong understanding of data protection laws and regulations is necessary. 
• Preference: Candidates who have certifications such as CIPP or CIPM will be preferred. 
• Purpose of the job: The recruited person will be responsible for the following tasks:

1. Staying up to date with the relevant data protection laws and regulations in India as well as other jurisdictions;
2. Ensure data processing activities of the company comply with the applicable laws including but not limited to DPDPA, GDPR, and other laws;
3. Conduct periodic assessments and audits for compliance;
4. Collaborate with legal teams to develop and update the data protection policies;
5. Conduct DPIAs to identify and mitigate risks;
6. Develop and deliver data protection training programs for employees;
7. Act as the point of contact for data protection incidents and breaches; and
8. Evaluate data protection practices of third party vendors and service providers. 

• Personal qualities: The following personal qualities are required in the desired candidates :

1. Excellent communication and interpersonal skills;
2. Analytical mindset;
3. Familiarity with privacy principles and their application in product development;
4. Ability to work independently; and
5. Managing multiple projects simultaneously. 

To know more, you can click here.

Data Protection Officer- Tazapay

Tazapay is a Singapore based Fintech company and is looking to hire a DPO- legal counsel for their company in Delhi with the following requisites:

• Education: It is mandatory to have a bachelor’s degree in law from a reputable university. 
• Experience: Practical experience of 5 to 8 years as a legal counsel or lawyer preferably in Fintech or payment institutions. Along with this strong expertise in regulatory compliance, legal reporting, and data protection are necessary. 
• Preference: Candidates who have a strong background in financial areas, such as Fintech, Payment institutions, or electronic money institutions will be preferred.
• Purpose of the job: The recruited person will be responsible for the following tasks:

1. Providing advice on regulatory compliance for international data protection laws such as Singapore, India, UAE, Canada, Europe, and the US;
2. Ensuring timely and accurate legal reporting in adherence with applicable laws;
3. Conduct data protection audits and implement changes as required; and 
4. Educate and train the staff members on data protection compliance.

• Personal qualities: The following personal qualities are required in the desired candidates:

1. Proactive;
2. Detail oriented;
3. Ability to manage multiple tasks;
4. Effective communication skills; and
5. Should independently manage tasks. 

To know more, you can click here.

Associate Data Protection Officer- Meta Platforms Inc. 

Meta is looking to hire a DPO to join its company in Gurgaon with the following requirements:

• Education: It is mandatory to have a bachelor’s degree in law from a reputable university. 
• Experience: Practical experience of 10 years in data protection compliance and project management. 
• Preference: Candidates who have knowledge of data protection and privacy laws. 
• Purpose of the job: The recruited person will be responsible for the following tasks:

1. Accountable for monitoring internal compliance with the applicable global laws;
2. Represent Global DPO in India and interact with teams to fulfil responsibilities of global DPO;
3. Provide strategic leadership on compliance with laws and regulations;
4. Execute responsibilities such as data protection impact assessment, data subject rights, advising on privacy compliance; and 
5. Collaborate with teams to define and execute privacy programs. 

• Personal qualities: The following personal qualities are required in the desired candidates:

1. Thrives in fast paced world;
2. Motivate and driven self starters;
3. Excellent project management;
4. Organisation skills;
5. Attention to detail; and 
6. Team player. 

To know more, you can click here.

Privacy roles are not just limited to a career as a DPO, there are various other roles that come under the purview of privacy professionals. IAPP also has some career opportunities in privacy and to know more about it, you may click here. 

Conclusion

Becoming a DPO is a journey that requires a deep understanding of data privacy laws along with a strong foundation in privacy compliance. The essence of the process of becoming a DPO is to be aware of laws and be updated with data protection frameworks such as GDPR, CCPA, and DPDPA. They must also be able to interpret these laws in response to technological advancements and the changing needs of the company.

Along with legal expertise, successful DPOs also possess strong leadership and team management qualities. They must be able to work closely with other teams such as the IT department, and other stakeholders to maintain robust data protection practices within the company. DPOs must be able to communicate effectively as their role is also to simplify complex privacy related concepts and explain them to other employees. They are responsible for providing training to employees on data protection principles and procedures such as responding to data subject requests or conducting data protection impact assessments, etc. 

DPOs are duty bound to foster a culture of privacy within the organisation. It is a very important part of their job as they must promote awareness about privacy and encourage others to perform everyday tasks while considering data privacy. 

Thus, a career as a DPO combines legal knowledge with interpersonal skills and when done with due diligence and passion, it can offer you a great opportunity to settle as a senior privacy professional. The requirement of companies to appoint a DPO will only increase from here on, so it is the best time to dive into the ample opportunities the data privacy industry holds. 

Frequently Asked Questions (FAQs)

What is a DPO and what is their role in a company?

A DPO stands for Data Protection Officer and he is a designated individual in a company who is responsible for overseeing data protection strategy and ensuring compliance with the data protection laws and regulations. They are the point of contact between the company and data subjects and regulatory authorities.

What are the qualifications needed to become a DPO?

To become a DPO, you must have a solid understanding of data protection laws, practical experience of a few years, and certificates or diplomas related to data privacy. To be eligible, you must possess a bachelor’s degree in any field that is related to law, computer science or audits. You can also apply for certifications to get an upper hand over other candidates. 

Is getting a specific degree mandatory to become a DPO?

No, there is no legal requirement for getting any particular degree. It is also true that having a degree in law, information technology or accounts can benefit you by providing a legal and technical foundation. But it is not strictly required. Industry certifications, diplomas, or relevant experience can also pave the way to becoming a DPO. 

Can an existing employee be a DPO?

Yes, it is possible as long as the professional duties of employees do not contradict with the duties of DPO and it should not create a conflict of interest. 

Can DPO work in a group of companies?

Yes, a group of companies can appoint a single DPO as per the applicable law, but they must be able to perform their tasks effectively considering the structure and size of the organisations. 

What are some tips for aspiring DPOs?

To become a DPO, it is crucial to gain practical experience in data protection roles as almost every organisation will prefer an experienced candidate. Obtain the relevant certifications and stay informed about the industry trends and regulatory developments. To stay up to date with the changing laws, keep checking legal sources, attend conferences and webinars, participate in education and training programs, etc. Also, create a network of peers and mentors who will guide you in getting better career opportunities. 

What are other things to be considered when a DPO is appointed?

An organisation must provide appropriate access to personal data, and adequate resources like time and finance to enable the DPO to fulfil their duties.  It should be made sure that the DPO is involved closely in all data protection matters and operates independently while performing the task. He must report to the highest management level of the company and be given adequate resources to fulfil his duties. 

What is the difference between a Data Protection Officer and other regulator entities?

The terms Data Protection Officer and data privacy officer are often considered to be synonyms but their roles are different in the way that DPO is appointed to comply with GDPR or DPDPA. Data privacy officers are nowhere required to be appointed under law but can be appointed by companies at their discretion. Both these officers work to ensure compliance with data protection laws. The data controller is the one responsible for determining the purpose and means behind the processing of personal data and should not be confused with the DPO.

References

• https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/accountability-and-governance/guide-to-accountability-and-governance/accountability-and-governance/data-protection-officers/#ib1 
• https://blog.ipleaders.in/career-opportunities-in-data-protection-and-privacy-laws/#Certifications_available_on_the_subject_of_data_privacy_and_protection
• https://www.tealhq.com/education/data-privacy-officer 
• https://verasafe.com/blog/a-comprehensive-guide-to-data-protection-officers/
• https://amlegals.com/who-should-ideally-be-appointed-as-a-data-protection-officer/#
• https://onlinedegrees.sandiego.edu/data-protection-officer-career-guide/#:~:text=Data%20Protection%20Officer%20Job%20Description,-Every%20data%20protection&text=Establish%20a%20privacy%20governance%20framework,advise%20on%20privacy%20impact%20assessments.