Why the availability of your data protection officer is essential
Legal requirements and obligations under the GDPR
The General Data Protection Regulation (GDPR) sets out clear requirements: if personal data is collected by a company, the contact details of the data protection officer must be provided. This is intended to enable data subjects to easily exercise their rights, such as requesting information or deletion of their data. But how detailed must this contact information be? While there is disagreement about the scope and form, one thing is undisputed: there must be a real possibility of contact. Outdated, incorrect or non-functioning communication channels can quickly become a legal and financial risk.
Serious consequences of unavailability
The case of an Austrian company illustrates the consequences impressively: although a separate email address for data protection enquiries was provided on the website, it was technically unavailable. A data subject waited in vain for their data to be deleted – and finally turned to the data protection authority. The result: a fine of €15,000, exacerbated by the company's lack of cooperation. The company was also unsuccessful in court.
How to ensure your company remains compliant with data protection regulations and able to act
Continuous review of communication channels
Data protection thrives on transparency – and reliable communication. It is not enough to publish the contact details of the data protection officer once. Instead, all specified channels (email, telephone, postal address) should be checked regularly to ensure they are working properly. This is the only way to ensure that enquiries are actually delivered and processed – and that deadlines can be met. Don't forget to make arrangements for holiday or sick leave: prolonged unavailability may result in legal deadlines being missed, which in turn can lead to fines.
Substitution arrangements: how to avoid bottlenecks
Even the best data protection officer can fall ill or go on holiday. That is why clear substitution arrangements should be in place from the outset. This ensures that requests from data subjects are processed immediately, at the latest within one month. This is essential, as deadlines begin as soon as the request is received – not when the data protection officer is informed. Forward-looking personnel planning therefore protects your company from unpleasant surprises.
Conclusion: Avoid data protection pitfalls through good accessibility
Take responsibility seriously and minimise risks
Anyone who processes sensitive personal data is also responsible for ensuring smooth communication with their data protection officer. Therefore, regularly check that the contact details provided are up to date and functional. Incorrect information is not considered a minor oversight by data protection authorities, but is punished as a clear breach of duty. Working carefully in this area saves you trouble, delays and fines.
Expert support: your key to greater security
Data protection is highly complex and constantly evolving. It is therefore advisable to seek professional support and advice. An experienced partner will not only help you publish and check your contact details correctly, but also deal with data subject requests, calculate deadlines and arrange for representation. This will increase your legal certainty and strengthen the trust your customers and employees have in your company.
Are you unsure whether your data protection officer is optimally available? Or would you like to review your data protection processes as a whole? Then get in touch with us – we will provide you with competent and practical support!