Handbook Certified Data Protection Officer: Practical Work Plan Guidance by Kadir Romeo

Author:Kadir, Romeo [Kadir, Romeo]
Language: eng
Format: epub
Publisher: EIPACC
Published: 2021-01-04T00:00:00+00:00

6.1.3.1.10 Accountability (Article 5(2) GDPR)

Pursuant to Article 5(2) of the GDPR, the controller shall be responsible for, and be able to demonstrate compliance with, Article 5 paragraph 1 GDPR (‘accountability’). A professional GDPR baseline and GDPR gap-analysis, if designed up to standards and well-structured, which is professionally performed, does not only provide for important privacy management information (intelligence), but also results in ‘evidence’ for that part of the GDPR obligations that are already complied with. Moreover, it creates a clear overview of measures and actions to be performed for those GDPR obligations that are not (yet) complied with.

Considering the fact that the results of a good GDPR baseline and gap-analysis could also provide insight for the privacy supervisory authority into the obligations of the enterprise, organisation or institution pursuant to the GDPR which are not complied with (yet), it deserves recommendation to always supply such findings with (follow up) measures and actions, preferably in terms of SMART (specific, measurable, acceptable, realistic, time-bound).

6.1.3.2 Side effects of a GDPR baseline and gap-analysis

It is plausible that potential side effects of a GDPR baseline and gap-analysis depend on its design and structure. In general, it could be argued that a proper and competently performed GDPR baseline can lead to the following side effects that could also be relevant for the DPO work plan.

Privacy awareness-raising (Article 39(1)(b)).

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