When Do You Need a Data Protection Officer?

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Are you wondering whether your company needs a Data Protection Officer (DPO)? Many business owners and managers ask themselves this question. The good news: there are clear rules that can help you make this decision.

The Data Protection Conference (DSC), a body of the independent data protection authorities of Germany’s federal and state governments, has published a short paper that serves as an initial guide explaining when do you need a DPO. It’s aimed particularly at organizations outside the public sector and explains when, in the DSC’s view, a Data Protection Officer is required. It also outlines which rules apply to both controllers and processors in this regards.

The Three Most Important Situations When You Must Act

In Germany, there are three specific cases in which you must appoint a Data Protection Officer — regardless of what the EU General Data Protection Regulation (GDPR) requires:

1. You Have at Least 20 Employees with Data Access

Once you regularly employ 20 or more people who handle personal data automatically, appointing a Data Protection Officer becomes mandatory.

Important to know: The term “people” is interpreted broadly. It includes not only full-time employees but also:

• Part-time staff
• Temporary workers
• Freelancers
• Trainees

However, your management team is not counted — they are not considered “employees” in the traditional sense, as they lead the company rather than being employed by it.

What does “automated processing” mean?
It’s easier to meet this condition than many think. Even if your employees send business emails, they are already processing personal data. Typical departments affected include:

• Customer service and sales
• IT department
• Human resources
• Accounting

2. You Conduct High-Risk Data Processing

If your company carries out processing activities that require a Data Protection Impact Assessment (DPIA), you would also need a DPO. This obligation can arise even from a single such processing activity.

A DPIA is necessary when your data processing is likely to pose a high risk to the rights and freedoms of individuals. This is often the case in situations such as:

Automated evaluations and profiling
If you systematically create profiles of individuals or automatically assess them — for example, through scoring systems or automated decisions about credit approval or recruitment.

Extensive processing of sensitive data
This includes particularly sensitive information such as:

• Health data
• Ethnic origin
• Religious or political beliefs
• Criminal convictions or offenses

Systematic monitoring of public areas
Video or audio surveillance in publicly accessible areas falls into this category. The use of sensors that systematically observe their surroundings can also qualify.

3. You Process Data on a Commercial Basis

If you process personal data commercially — for example, to transfer, anonymize, or use it for market or opinion research — you must appoint a DPO.

When Does It Become Particularly Critical?

The likelihood that you’ll need to carry out a DPIA (and therefore appoint a DPO) increases significantly if your data processing meets at least two of the following criteria:

• You evaluate or classify individuals
• You make automated decisions with legal consequences
• You carry out systematic monitoring
• You process particularly sensitive or personal data
• You process data on a large scale
• You combine different data sets
• You process data of vulnerable individuals (e.g., children)
• You use innovative or new technologies
• Your processing prevents individuals from exercising their rights or accessing services

Not Sure Whether You Need a DPO?

Get in touch with us, and we’ll help you determine whether your company falls under this obligation.
With Legal Living Hub, you’ll receive modern data protection consulting and AI compliance guidance at eye level.

Conclusion

The decision about whether you need a Data Protection Officer is usually quite straightforward. Simply check whether one of the three main situations applies to your company. When in doubt, it’s best to consult an expert — because fines for violations can be severe.

Remember: appointing a Data Protection Officer isn’t just about compliance. It’s also an opportunity to minimize data protection risks and build greater trust with your customers.