The task of the DPO include, among others:

• to inform and advise the organisation and its employees on data protection compliance;
• to monitor data protection compliance;
• to provide advice on requests concerning the data protection impact assessment (DPIA);
• to act as a contact point for the data protection authority (DPA) and to cooperate with that DPA;
• to act as a contact point for individuals.

In addition, the DPO’s presence is generally recommended where decisions with data protection implications are taken. The DPO should also be promptly consulted once a data breach or another incident has occurred.

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• Data Protection Officer

Every organisation, regardless of the their size or sector, established in the European Economic Area (EEA) or offering products or services to individuals in the EEA, processing personal data whether or not by automated means needs to comply with the GDPR. Even if the GDPR mainly relates to automated processing of personal data, processing operations carried out manually will also be subject to the GDPR from the moment the paper files are organised in a systematic manner, e.g. ordered alphabetically in a filing cabinet. 

Examples of processing operations include collecting, recording, organising, using, modifying, storing, disclosing, altering and erasing individuals’ personal data.

Nevertheless, the application of the GDPR is modulated according to the nature, context, purposes and risks of the processing operations carried out. For SMEs whose core business is not the processing of personal data, the obligations can be less strict than for a large company.

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• Data protection basics

No, it is not necessary to make your record of processing public. You must, however, be able to make the record available to the data protection authority upon request.

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• Be compliant

Yes, you can, but the GDPR places certain obligations on businesses which share personal data. Your organisation must inform individuals that you will share their data with a third party. You must also inform them of your purposes, security, access and the retention measures that will apply.

The GDPR applies to the use of cookies when these are used to process personal data, but there are also more specific rules for cookies included the ePrivacy Directive.

The storing of a cookie, or the gaining of access to a cookie already stored, in the terminal equipment of a user is only allowed on condition that the subscriber or user concerned has been adequately informed (in particular about the purposes of the processing) and has given their consent.

The only exception are technically necessary cookies. Organisations do not need to ask for consent when using technically necessary cookies on their websites.

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• Process personal data lawfully

The contract between the data controller and the data processor must stipulate that the data processor:

• processes the personal data only on the instructions of the data controller, including with regard to transfers of personal data to a country outside the EEA;
• ensures that the persons authorised to process the data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
• ensures security of processing;
• shall not engage another data processor without prior specific or general written authorisation of the data controller;
• assists the data controller for the fulfilment of the data controller’s obligations to respond to individual’s requests for exercising their rights;
• assists the data controller in securing the processing, notifying data breaches, and performing DPIAs;
• at the choice of the data controller, deletes or returns all personal data to the data controller after the end of the provision of services;
• makes available to the data controller all necessary information to demonstrate compliance with the obligations under the GDPR;
• allows for and contributes to audits, including inspections conducted by the data controller or another auditor mandated by the data controller.

In addition, the data processor shall immediately inform the data controller if, in its opinion, instructions infringe the GDPR or other EU or national data protection provisions.

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• Data controller or data processor

The first step to installing CCTV is to identify the purpose or purposes for doing so. The purposes for installing CCTV can be varied, such as ensuring the security of premises, aiding in the prevention and detection of theft and other crimes, or protection of the lives and health of employees, due to the nature of work.

As with any processing of personal data, the recording of individuals  must have a legal basis under the GDPR. Consent can provide a legal basis for such data processing. However, this is unlikely to apply to the use of CCTV in most cases, as it will be difficult to obtain the freely given consent of everyone likely to be recorded. The most common legal ground for this kind of processing of personal data is legitimate interest. When processing is based on a legitimate interest, you will need to carry out a balancing test to determine whether your legitimate interests outweigh individual’s rights.

You will need to inform individuals that they are being recorded. This can be done by placing easy to read signs in prominent places. In addition, a sign indicating the purpose of the CCTV system and the identity and contact details of the data controller should be placed at all entrances.

Individuals whose images are being recorded by a CCTV system should be provided with, the following information:

• the identity and contact details of the data controller;
• the purposes of the processing;
• the legal basis of the processing (if legitimate interest, specific information about which legitimate interests relate to the specific processing, and about which  entity  pursues  each  legitimate  interest.);
• the contact details of the Data Protection Officer, DPO (if there is a DPO);
• the recipients or categories of recipients of the data;
• the security arrangements for the CCTV footage;
• the retention period for CCTV footage;
• the existence of individuals’ rights under the GDPR and the right to lodge a complaint with the national data protection authority.

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• Process personal data lawfully
• Respect individuals’ rights

The DPO cannot be held responsible for failure to comply with the GDPR. Compliance with the GDPR is the responsibility of the organisation that appointed the DPO.

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• Data Protection Officer

The GDPR gives individuals control over the processing of their personal data. In order to do this, transparency is key. This means you have to inform individuals whose data you process about your processing operations and the purposes. In other words, you have to explain who processes their data, but also how and why. Only if the use of personal data is 'transparent' for those involved, can they assess possible risks and make decisions about their personal data.

Under the GDPR you are obliged to share the following information with individuals:

• the identity and contact details of the controller;
• the purposes of the processing;
• the legal basis of the processing (if legitimate interest, specific information about which legitimate interests relate to the specific processing, and about which  entity  pursues  each  legitimate  interest.)
• the contact details of the controller;
• the contact details of the DPO (if there is a DPO);
• the recipients or categories of recipients of the data;
• Information on whether the data will be transferred outside the European Economic Area (EEA) (where applicable: the existence or not of an adequacy decision or reference to the appropriate safeguards and how this information can be made available to data subjects);
• the categories of personal data processed, when the data is not obtained from the individual.

In addition, the GDPR requires your organisation to provide the following information to ensure fair and transparent processing:

• the retention period or, where this is not possible, the criteria used to determine this period;
• the right to request access, erasure, rectification, restriction, objection and portability of personal data;
• the right to lodge a complaint with a data protection authority;
• if the legal basis for the processing is consent: the right to withdraw consent at any time;
• in the case of automated decision-making, relevant information about the underlying logic and the intended consequences of the processing for the data subject;
• the source of the personal data (if you did not directly receive it from the individual concerned;
• whether the individual is required to provide the personal data (by law or by contract or to enter into a contract) and what the consequences of refusing to provide the data are.

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• Respect individuals’ rights

Cookies are small files stored on a device, such as a computer, a mobile device or any other device that can store information. Cookies serve a number of important functions, including remembering  users and their previous interactions with a website. They can be used to keep track of items in an online shopping cart or to keep track of information when details are inserted into an online application form.

Authentication cookies are also important to identify users when they log into banking services and other online services. The information stored in cookies can include personal data, such as an IP address, a username, a unique identifier, or an email address.