What is a vDPO?
A virtual Data Protection Officer (or vDPO) is a company/service provider assigned as external DPO, who delivers data protection services on a contractual basis with a team of privacy professionals. A vDPO offers expert guidance and oversight to ensure adherence to the General Data Protection Regulation (GDPR) and other relevant privacy and data protection laws. This role encompasses advising on, and monitoring of, data processing activities, training staff on compliance requirements, and serving as the point of contact between your organisation and supervisory authorities. A vDPO is fulfilling legal obligations of a DPO for organisations without needing a physically present and full-time employee.
Legal differences between a DPO and vDPO
Under GDPR, the DPO should be appointed based on their professional qualities and independence. The regulation emphasises that the DPO can be either an internal or external appointee. So from a legal perspective, there is no difference between a vDPO or an internally appointed DPO as long as they fulfill the requirements mentioned in art. 37-39 GDPR.
In fact, a vDPO is perfectly capable of:
- having expert knowledge of data protection law and practices, something service providers with niche expertise in data protection can excel in due to benefits of sale and internal knowledge sharing;
- being able to work independently without receiving instructions from the controller regarding the exercise of its tasks. Independency is something that can sometimes be complicated in practice by an employer-employee relationship. It could therefore be argued that an external service provider is not/less subject to this risk of such influence and dependency;
- being able to monitor controller’s compliance with the GDPR and other applicable data protection provisions. It is certainly possible to monitor compliance remotely, and a DPO does not (always) need to be present on site at the controller’s premises for this purpose. Even more, a virtual presence can provide the vDPO a broacher view of companies with multiple sites, allowing the vDPO to quickly switch over the different entities/sites without physical limitations and travel requirements
- providing advice where requested as regards to DPIAs and their performance. Related to the latter, vDPOs can easily be contacted for requests regarding DPIAs, and can, on their turn, contact the right people concerned to follow up on actual performance. Even more, if the controller’s personnel involved is spread over different parts of the world, the vDPOs could be able to work concerning the ‘follow the sun’-principle allowing them to connect and follow up quicker and more efficiently.
- acting as a contact point for supervisory authorities. Again, there the vDPO could benefit from a more continuous availability in comparison to an internal DPO, as any moments of absence are covered within immediately covered within the company of the vDPO.
Benefits and downsides of a Virtual DPO
Benefits
First, a vDPO brings access to a broader team of experts which can provide the client with comprehensive support and specialized knowledge as they are part of a larger team of experts. This collaborative approach allows the organization to benefit from the collective expertise of a dedicated team, rather than relying on a single individual.
Furthermore, vDPOs can scale their services according to your organisation’s needs, providing more support during critical periods such as implementation of new processing activities & technologies, audits or data breaches with a comprehensive and integrated solution.
In addition, they can be located anywhere. Rather than having to hire someone locally (which limits options), a vDPO team can work from almost anywhere. This flexibility significantly broadens the pool of qualified experts available to your organization, ensuring you can find highly specialized professionals regardless of your location.
Another benefit of the vDPO is the continuous availability. Where both an internal and external DPO tend to be absent (both foreseen and unforeseen) with an effort for some form of back-up, a vDPO works like a well-oiled machine which provides permanence on every working day.
Finally, a vDPO is instantly available to fulfil the legal requirement of appointing a DPO. There simply are not enough experienced DPO’s currently available so hiring someone (new) yourself may take a while. A vDPO is immediately available.
Downsides
However, it is important to note there are also some downsides to appointing a vDPO.
To start, being external to the organization means the vDPO (initially) is less familiar with your organisation and its internal processes, values and specific operational nuances. This may mean that the vDPO needs more time to understand the organisation and its operations before being able to provide appropriate advice. On the other hand, this external perspective can also bring new insights and critical reflections regarding the established operations. Having good internal documentation and data management can help reduce risks in this area.
Further, internal staff may perceive the vDPO as less authoritative, which can hinder the implementation of their recommendations. Without formal authority within the organization, it can be difficult for the vDPO to enforce compliance, impacting the influence and acceptance of their advice. For this, it is important to emphasize the value of good support of the vDPO by senior management.
Last but not least, in terms of security and confidentiality you are sharing sensitive organizational data with an external vDPO which inherently creates a higher risk. This emphasises the importance of good third party vendor assessment and information security measures to avoid any breach of confidentiality as much as possible.
What to look for in a vDPO partner?
Choosing a good vDPO partner is crucial for ensuring your organisation remains compliant with data protection laws and that your data processing activities are properly managed. Here are key factors to consider when evaluating a vDPO provider:
- Look for a partner with proven experience in data protection and privacy laws. Having relevant certifications (CIPP, CIPM, CIPT) can be a plus.
- Assess their understanding of your industry-specific data processing requirements.
- Check the provided services: advice on compliance, DPIAs, training, audit support, breach response, and ongoing monitoring.
- Ensure they can tailor their services to your organisation’s size and complexity.
- Look for accessibility, clarity in communication, responsiveness and proactive engagement.
- Check reviews and reputations.
- Look for the tools the company uses and its approach for the services provided
- Check cost and value.
- Check if roles, responsibilities, confidentiality, data security, and liability are detailed in a clear language.
Related Solution
Looking for a vDPO that actually delivers peace of mind, not just paperwork?
CRANIUM’s virtual DPO service combines privacy expertise with the agility of a remote-first team. Let’s talk about what your organisation really needs.
