External Data Protection Officer service

External Data Protection Officer service

In a context where personal data has become one of the main assets of any company, regulatory compliance in data protection is not only a legal obligation but also a matter of trust and reputation.

The Data Protection Officer (DPO), a role introduced by the General Data Protection Regulation (GDPR), is responsible for supervising and ensuring that organisations process personal data in accordance with the law.

However, not every company needs – or has the resources – to incorporate this role internally. In such cases, choosing an external DPO service becomes an effective, flexible, and fully legitimate alternative, as expressly recognised by the Spanish Data Protection Authority (AEPD).

External Data Protection Officer

An external DPO is a professional or specialised entity that assumes the duties of a Data Protection Officer under a service agreement.

Article 37 of the GDPR and Article 34 of the Spanish Data Protection Act (LOPDGDD) expressly allow this function to be carried out by an independent professional, provided that they meet the necessary criteria of expert knowledge, impartiality, and absence of conflict of interest.

The AEPD also notes that this service may be provided by a multidisciplinary team, as long as the tasks of each member are clearly defined and one person acts as the main contact for the client.

The contract must specify essential elements such as:

• The scope of the DPO’s functions and responsibilities.
• The identification of the data controller or processor.
• Confidentiality measures and guarantees of independence.
• The termination conditions, which may never depend on the lawful performance of the DPO’s duties (Article 38.3 GDPR).

Thus, the external DPO acts with the same authority and legal protection as an internal one, while providing an objective perspective and cross-sector expertise in compliance matters.

When is it advisable to appoint an external DPO?

The obligation to appoint a DPO applies to entities that process data on a large scale, handle sensitive categories of data, or regularly monitor individuals’ behaviour.

However, even when not mandatory, outsourcing this function can often be the most efficient and sensible choice.

Some scenarios where having an external DPO is especially beneficial include:

• Companies without a specialised internal structure.
• Organisations handling complex data processing activities, such as those in the technology, healthcare, or financial sectors, where an external DPO provides updated and expert insight into specific regulatory risks.
• To avoid conflicts of interest, particularly when data processing decisions are made by individuals who also oversee or execute those operations (e.g., IT or HR managers).
• When technical and legal expertise is required.
• In international or multi-client environments.

In short, an external DPO allows companies to combine compliance with operational efficiency, offering independence, expertise, and resource optimisation.

Functions and Responsibilities of the External DPO

The functions of a Data Protection Officer are outlined in Article 39 of the GDPR and further detailed in the LOPDGDD.

Whether internal or external, the DPO acts as the organisation’s compliance guarantor, advising the company and serving as a point of contact for both the supervisory authority and data subjects.

Their main responsibilities include:

1. Informing and advising the data controller or processor about obligations under the GDPR and the LOPDGDD.
2. Monitoring compliance by conducting audits, policy reviews, and regular assessments.
3. Training and raising awareness among staff involved in data processing.
4. Carrying out Data Protection Impact Assessments (DPIAs) where processing is likely to result in high risks to individuals’ rights and freedoms.
5. Cooperating with the AEPD and acting as its primary contact for inquiries or complaints.
6. Issuing recommendations and maintaining records of actions to demonstrate compliance and accountability.

The external DPO must perform their duties with full independence and autonomy, without receiving instructions on how to execute their tasks, and cannot be penalised or dismissed for reasons related to their professional activity.

In turn, the company must ensure the DPO has access to all relevant information, the necessary resources, and the ability to liaise with every department involved in data processing.