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There are many news present on the media that refer to sanctions to private and public entities for non compliance with the “RGPD” and the "Ley de Protección de Datos y garantía de los derechos digitales (LOPDGDD)" due to not having a designated data protection officer (DPO) that provides advice to the Data Controller and facilitates compliance through the application of accountability instruments.
The DPO, as an expert on the RGPD and the LOPDGDD, knows all the infractions and the way to avoid them that exist and their sanctions for breach. Did you know that sharing personal data internationally with countries that don't provide an equal level of data protection is punishable? This is a very serious offense and is accompanied by a fine of between 300.001 and 600.000 euros.
What are the functions of a DPO?
He must gather knowledge of law and practice in the field of data protection to be able to perform at least the following tasks:
- Supervise compliance with the provisions of the Regulation, other data protection provisions of the Union or of the Member States
- Supervisar el cumplimiento de lo dispuesto en el Reglamento, de otras disposiciones de protección de datos de la Unión o de los Estados miembros
- Supervise the assignment of responsibilities
- Supervise the awareness and training of the personnel involved in the treatment operations
- Supervise the corresponding audits
- Offer advice on impact assessment
- Supervise its application in accordance with article 35 of the Regulations
- Cooperate with the supervisory authority
- Act as point of contact for the supervisory authority
- Make inquiries to the supervisory authority
As an organization, it is your responsibility to choose wisely this professional.
How can I guarantee the choice of this important figure?
Knowledge and / or experience in data protection and digital rights may be accredited through certification schemes.
In accordance with the above, the Spanish Data Protection Agency (AEPD) has created a certification scheme in the hands of the National Accreditation Entity (ENAC), for the accreditation of certifying entities.
ANF Autoridad de Certificación (ANF AC) has been accredited by ENAC in accordance with the AEPD-DPD certification scheme (https://www.anf.es/acreditacion-oficial/), being competent for professional certification as DPO.
Two ways to become a certified DPO:
A. TRAINING PATH:
Have successfully passed a training course of at least 180h taught by any avowed Training Entity (ANF AC or other certifiers)
B. PATH OF EXPERIENCE:
Accredit at least five years of experience in functions related to DPO, or:
- Accredit at least three years and have passed a minimum recognized training of 60h
- Accredit at least two years and a minimum recognized training of 100h
In relation to the years of experience, you must bear in mind that these are full time (8 hours a day). In addition, in order to prove it, you must provide a certificate issued by a third party (clients or by the employer) stating the tasks performed in relation to this matter, the start and end date (if any) and the dedication in hours to these functions (full-time, part-time, a few hours a week ...).
Link to upcoming calls: https://www.anf.es/entidad-de-certificacion/
Documentation to be submitted: https://www.anf.es/especificaciones-convocatoria/
And if you have any questions or concerns, we will assist you. You can call 93 393 59 46 or send an email to rtsc@anf.es
In this link you will find the list of Training Entities recognized by each Certification Entity