The General Data Protection Regulation (GDPR) has regulated the protection of personal data in the EU since May 25, 2018. It gives individuals more control over their data and obligates companies to ensure lawful processing, such as through consent or contractual necessity. Data protection measures such as transparency, security, and accountability are essential. Data subjects have rights, including access, deletion, and data portability.

A Data Protection Officer (DPO) monitors and advises companies on GDPR compliance, protects personal data, and minimizes legal risks. They can be appointed internally or externally.

What happens if I violate the General Data Protection Regulation?

If your company violates the GDPR, for example, by failing to appoint a Data Protection Officer when required, the following consequences may arise:

Fines from the data protection authority of up to €20 million or 4% of annual revenue
Loss of reputation and damage to trust
Legal consequences and operational disruptions

Failing to appoint a Data Protection Officer when required can quickly lead to legal and financial problems.

When is a Data Protection Officer required?

Under the GDPR, companies and organizations are required to appoint a Data Protection Officer if:

They regularly process personal data with at least 10 employees (§ 37 GDPR).
Data processing is a core activity, such as in IT, marketing, healthcare, or financial services (Art. 37 GDPR).
They process particularly sensitive data (e.g., health data, ethnicity, political opinions).
They carry out extensive and systematic monitoring of individuals, such as tracking or profiling.

What is an external Data Protection Officer?

An external Data Protection Officer is an experienced expert contracted by your company to ensure compliance with all GDPR requirements.
They monitor and advise your company on all data protection matters without the cost and effort of hiring an internal employee.

Our team of certified data protection experts offers tailored solutions for small and medium-sized businesses that need support in GDPR compliance.
We take on all legal responsibilities of a Data Protection Officer as defined in the GDPR and provide additional consulting services to enhance your data protection practices.

Why should I choose an external Data Protection Officer instead of appointing someone internally?

There are many advantages to hiring an external Data Protection Officer:

Internal DPO

Additional personnel costs (salary, social security contributions, training)
Must be established internally and regularly trained
May have conflicts of interest, e.g., as IT or HR manager
Company is liable for errors made by the internal DPO
Must handle data protection tasks alongside other responsibilities
Limited perspective, as only the own company is monitored
May be tied up within the company and respond with delays
Possibly low acceptance, as colleagues may be reluctant to be monitored by internal supervisors

External DPO

Predictable monthly costs, no additional training expenses
Specialized in data protection with extensive experience across various industries
Objective and independent, no internal dependencies
External DPO is liable for consulting errors
Full focus on data protection, available at all times
Cross-industry knowledge and flexible adaptation to new challenges
Faster response to requests, often with emergency support
Is perceived as a neutral expert and more readily accepted

Tasks of Our External Data Protection Officer

Our external Data Protection Officer ensures that your company complies with all data protection regulations and serves as your point of contact for all data protection-related matters. Key responsibilities include:

Monitoring GDPR Compliance
We ensure that your data protection policies and procedures comply with GDPR requirements and are regularly updated.
Data Protection Training
Our DPO trains your employees on relevant data protection regulations and ensures they have the necessary knowledge to work in compliance with GDPR.
Risk Assessment and Data Protection Impact Assessment (DPIA)
We conduct regular risk assessments and help identify and mitigate potential data protection risks. If necessary, we support you in conducting DPIAs for new or existing data processing activities.
Point of Contact for Data Subjects and Authorities
Our external DPO acts as a contact point for data protection inquiries from data subjects and supervisory authorities. We assist you in responding to requests regarding data storage, processing, and deletion.
Documentation and Reporting
We handle the required documentation and reporting to ensure you meet your accountability and transparency obligations towards regulatory authorities.
Support in Case of Data Breaches
In the event of a data breach, we help you take the necessary steps to mitigate damages and report the incident to the relevant authorities.

Example Scenarios

Retail Business with Customer Data
A medium-sized retail company processed a large amount of customer data but was unsure whether its processes complied with GDPR. Our external DPO conducted a comprehensive audit, identified weaknesses, and helped the company take the necessary steps to remain compliant and avoid fines.
Software Developer Handling Sensitive Data
An IT company developing software for the healthcare sector needed to ensure that personal data processing was adequately protected. Our DPO helped establish GDPR-compliant processes and trained employees on handling sensitive data.
SMEs Without Internal Data Protection Resources
A small company without its own data protection department appointed us as its external DPO. We monitored GDPR compliance, conducted regular audits, and served as a contact point for all data protection-related inquiries.

Initial Consultation & Needs Analysis

Introduction to the company and the role of the external DPO
Understanding the industry, company structure, and existing data protection measures
Assessment of the current GDPR compliance status

Contractual Arrangements & DPO Appointment

Conclusion of a contract for the appointment as an external Data Protection Officer
Official notification of the appointment to the data protection authority (if required)
Inclusion in the website's imprint and privacy policy

Data Protection Gap Analysis & Initial Assessment

Review of existing data protection policies, TOMs (technical and organizational measures), and processing records
Identification of gaps in the data protection management system
Identification of sensitive data processing activities and potential risks
Creation of an action plan to close compliance gaps

Data Protection Documentation & Process Implementation

Creation or revision of processing activity records (VVT)
Development or adaptation of data protection policies and concepts
Review and, if necessary, adjustment of the privacy policy and cookie guidelines
Implementation or optimization of data subject request and reporting processes
Creation of standard contracts for data processing agreements (DPA)
Advice on deletion concepts and data minimization

Data Protection Impact Assessment (DPIA), if Required

Identification of high-risk data processing activities
Conducting a DPIA in accordance with Article 35 GDPR
Coordination with the supervisory authority in cases of high risks

Training & Employee Awareness

Initial briefing for executives and data protection coordinators
Regular data protection training for employees (E-learning, online, or in-person)
Creation of training materials and checklists
Awareness campaigns (e.g., phishing tests, data protection guides)

IT Security & Technical Data Protection Measures

Support in implementing security measures in accordance with Article 32 GDPR
Consulting on encryption, access controls, and logging
Assessment and optimization of authorization concepts
Guidance on using cloud services in compliance with GDPR
Assistance in case of security incidents (e.g., data breaches)

Continuous Auditing & Data Protection Checks

Annual GDPR compliance checks
Regular audits and reviews of data protection processes
Support in audits by authorities or customers
Ongoing adaptation of data protection policies to legal changes

Support in Data Breaches & Reporting Obligations

Establishing a process for identifying and reporting data protection incidents
Assistance in reporting data breaches to supervisory authorities
Communication with affected individuals in accordance with Article 34 GDPR
Preventative measures to reduce risks

Ongoing Consulting & Support

Regular office hours for data protection inquiries
Point of contact for employees and management
Support in implementing new data processing systems
Review and assessment of third-party contracts and data protection clauses

How Much Does It Cost?

The costs for an external Data Protection Officer consist of a base fee and optional additional services:

Base Fee: €350 per month
- Includes the appointment of the Data Protection Officer
- One consultation hour per month included
Additional Services: €150 per hour
If further consulting or support is needed, we offer comprehensive data protection services, including:

Data Protection Gap Analysis & Initial Assessment
Data Protection Documentation & Process Implementation
Data Protection Impact Assessment (DPIA)
Employee Training & Awareness

IT Security & Technical Data Protection Measures
Regular Audits & GDPR Compliance Checks
Support in Data Breaches & Incident Reporting
Ongoing Consulting & Support

Billing is flexible based on your needs – ensuring full cost control while providing exactly the data protection services your company requires.

GDPR regulations can be complex and overwhelming, but with an external Data Protection Officer from 0xda7a, you are well-equipped to meet the requirements and minimize data protection risks. Contact us today to learn more about our services and schedule a consultation.

Interested?

What is the General Data Protection Regulation (GDPR)?