Do Ukrainian companies need a Data Protection Officer (DPO)?

Have you ever wondered if your company needs a Data Protection Officer (DPO)? This position has become a central figure in the business world since the implementation of the GDPR, but in Ukraine, the need for a DPO still raises many questions.

‍

Who is a Data Protection Officer (DPO)?

A Data Protection Officer (DPO) is a specialist responsible for ensuring compliance with all data protection requirements within an organization. Their primary task is to help the company adhere to legal standards, oversee personal data processing, and maintain trust with clients, partners, and regulatory authorities.

But let’s break it down—why has the question of appointing a DPO become so important for Ukrainian companies now?

‍

Ukrainian Reality: Do We Need a DPO?

With the adoption of Ukraine’s "Personal Data Protection Law" and the implementation of new personal data processing requirements, the role of the DPO has become crucial, even for Ukrainian companies dealing with the personal data of EU citizens.

‍

DPO Requirements under GDPR

According to the GDPR, there are specific requirements for appointing a DPO in companies:

1. If the company conducts regular monitoring of large numbers of individuals.
2. Processes sensitive data on a large scale.
3. Is a public authority or institution.

However, in Ukraine, these requirements are not as clearly defined, and not all businesses understand whether they need to appoint a DPO.

‍

Who Definitely Needs a DPO?

1. Companies that process large volumes of personal data.
   If your business is heavily involved in processing personal data of customers or partners, especially in fields such as finance, healthcare, or online payments, you should seriously consider appointing a DPO.
   
   
2. Companies engaged in data monitoring.
   If your business collects, analyzes, or monitors user behavior through online systems or other technologies (e.g., website analytics or mobile apps), it’s important to comply with data processing regulations.
   
   
3. Large enterprises or companies working with international partners.
   If your company has international clients or partners, or operates in the EU market, GDPR compliance is mandatory.

‍

Why Appoint a DPO?

1. Ensuring Legal Compliance.

A DPO is an expert in data protection and their main job is to ensure that your company complies with all national and international standards.

2. Protecting the Company’s Reputation.

In a world where data confidentiality is becoming increasingly important, having a DPO helps strengthen your business's reputation as responsible and secure in data processing.

3. Avoiding Penalties.

Companies that fail to comply with data protection laws can face hefty fines. A DPO helps avoid penalties by ensuring proper data handling and providing guidance for compliance.

4. Internal Audit and Monitoring.

The DPO monitors the proper processing of personal data and ensures that internal procedures align with legal requirements, helping the company avoid future legal issues.

‍

Benefits of Having a DPO for Ukrainian Companies

1. Improving Customer Trust.
   Customers are increasingly focused on how companies handle their personal data. Having a DPO can be a key factor in building a positive image of your business, as clients will trust that their data is being protected.
   
   
2. Improving Internal Processes.
   The DPO not only ensures legal compliance but also enhances internal data processing procedures, contributing to more efficient and secure company operations.
   
   
3. Adapting to International Standards.
   If your company works with foreign partners or plans to enter international markets, a DPO helps adapt your business to the requirements of international regulations, especially GDPR.

‍

When Can You Do Without a DPO?

Not every business needs to appoint a separate DPO. For example, if your company doesn’t process large volumes of personal data or work in high-risk sectors that involve sensitive data, you may be able to do without this position.

‍

How to Choose a DPO?

1. Knowledge and Experience.
   The ideal candidate for the DPO role should have a deep understanding of data protection laws and experience in implementing and auditing security policies.
   
   
2. Independence.
   The DPO must be independent in their decisions and recommendations, so it is important that they are not overly dependent on company management, as they are responsible for legal compliance.
   
   
3. Continuous Learning.
   Legislation is constantly changing, and the DPO should always update their knowledge to stay current with the latest developments in data protection.

While in Ukraine the question of mandatory DPO appointments is not as stringent as in Europe, companies that process personal data should still seriously consider it. Appointing a DPO can not only help your business avoid fines but also provide a competitive advantage in the market.

Want to ensure that your business fully complies with data protection requirements? Contact our experts and learn how to properly organize data protection in your company and whether you need a Data Protection Officer!

‍

Subscribe to our channels on social networks:

LinkedIn

Instagram

Facebook

Telegram

Medium

‍Contact us: business@avitar.legal