Roles and Responsibilities of a Data Privacy Compliance Officer
By Miriam Eyonomue
Today’s world has accelerated high-tech development with the current wave of emerging technologies. People are increasingly migrating their activities to the cloud, occasioning a surge of digital personal data. There is a vast repository of personal information in the digital space, which has been likened to the “new oil” as the average contemporary business model now thrives on data-driven insights to enrich its consumer experiences. An organization’s capability to handle robust amounts of datasets shows it can navigate the growing complexities of this new world. It puts it ahead of its competitors in the global race for technological advancement. However, this does not come without implications because governments are beginning to recognize the digital rights of individuals attached to this data and the potential for corporate abuse, eliciting them to promulgate laws to protect the same.
The European Union, in 2018, led the charge in the safeguarding and protection of digital rights through the enactment of the most comprehensive and influential data protection legislation, the GDPR. Other jurisdictions followed suit not long after, including Nigeria, leading to the enactment of the NDPR and, subsequently, the NDPA, making data protection and privacy a widespread priority.
Enactment is one thing; compliance is another. Subsidiary legislation, guidelines, best practices, and standards have been followed, and external and internal regulators, such as data protection authorities and data privacy compliance officers, have been established to oversee and enforce adherence. As such, appointing a data privacy compliance officer is fundamental to an organization’s compliance with data protection regulations and cultivating responsible data handling.
What does a Data Privacy Compliance Officer Do?
The office of a Data Protection Officer is indispensable to data protection compliance. DPOs exist to ensure the organization’s in-depth compliance with data protection regulations, on paper and in practice, from managing data processing operations to staff awareness and engaging with third-party actors, vendors and regulatory authorities.
A DPO is responsible for undertaking data governance in a way that projects the organization’s solid data protection stance to regulators and the public. With the right implementation of a data protection program, the DPO can demonstrate the organization’s respect for personal data and the governing laws and foster consumer trust and confidence.
When is a Data Privacy Compliance Officer needed?
A Data Privacy Compliance Officer is not a perfunctory office that an organization can simply decide when or not to fill in. For their appointment, the substantive law sets prerequisites to doing this. S.32 of the Nigerian Data Protection Act mandates that data controllers of major importance (DCPMI) have a designated DPO in their employ. These DCPMIs are organizations that undertake data processing that holds crucial value or significance to the economy, society, or security based on its nature, scope, and context. For non-DCPMIs, this office is optional.
A Data Privacy Compliance Officer can be an existing staff member of an organization or maybe recruited as an external consultant from a Data Protection Compliance Organization. While the former offers flexibility and easier transitioning, it can raise issues of conflict of interest, and while the latter promotes more independent and third-party oversight, visibility of internal processes and procedures may be limited. Ultimately, each approach comes with its own set of advantages and trade-offs, and the decision should reflect the organization’s size, complexity, and risk profile in data processing activities.
What do Data Privacy Compliance Officers need?
Regardless, when they are being appointed, the data controller or processor should ensure that the person has:
1. Adequate support: The data controller and processor must ensure it has the capability of supporting the DPO in carrying out their responsibilities in the form of concrete organizational measures like:
- Sufficient resources. The DPO should be provided with enough financial, technical, and human capital facilities to dispense its duties. Having a robust financial budget will ensure the implementation of comprehensive and complete data protection programs without constraints. Technical infrastructure makes compliance administration IT-driven through the use of automated platforms for effective visibility, oversight and management of personal data. Likewise, access to a skilled support team enhances delegation and compartmentalization of duties, as an organization’s processes are too vast for one person to supervise.
- Access to data processing activities: The DPO should have access to the data processing activities and operations of the organization for visibility, evaluation, audits, assessments and control.
- Continuous training: Likewise, organizations should invest in the continuous professional development of their DPOs to maintain expert knowledge and skills.
2. Independence: The GAID (General Application and Implementation Directive 2025) champions autonomy as key to a DPO’s role. And why? Because the efficacy of their duty hinges on freedom from influence, they should not carry out their tasks under duress, coercion, or covert or overt influence, but they should be assured of a neutral environment in which to make decisions. An example of this is not directly taking instructions or being subject to the supervision of a superior.
3. Retaliation: The officer should be protected from retaliation in the course of duty. This means that they should not be penalized or undermined for executing their roles. For example, the officer may advise against a certain data management decision. However, they should not be subject to reprimand for doing so.
4. Confidentiality: The officer should be bound by secrecy and confidentiality and directly report to the highest management level of the data controller or processor.
5. No conflict of interest: Whether appointed internally or externally, due diligence should ensure the non-existence of conflicting interests. Juggling competing responsibilities, one to data protection and the other to business goals and objectives can hamper objectivity and independence in decision-making.
Generally, a data privacy compliance officer operates as a middleman to check and monitor the organization’s compliance. Their foremost allegiance lies with the safeguarding of personal data and the rights of data subjects, and as such, these provisions exist to confer them a high level of institutional authority to enforce fairness, transparency, and accountability in data governance.
What are their qualifications and skills?
The Nigerian Data Protection Act also does not expressly provide for the qualifications of a DPO; however, such can be inferred from the scope of their responsibilities. When appointing a data privacy compliance officer, the barest minimum an organization should consider is:
- Robust knowledge of global data protection and compliance laws, regulations, standards, policies and best practices.
- Familiarity with industry-specific data protection and compliance requirements.
Often, the level of qualification required varies depending on the size of the organization and the nature, scope and complexity of its data processing activities. For organizations that perform large-scale or sensitive processing or both, additional certifications that can showcase expertise are:
- A law degree is required to demonstrate the proper understanding and practical application of data protection laws and principles, or a degree in the field of ICT or any related fields or disciplines is required to indicate technical knowledge and competence to understand data systems.
- Relevant and broad work experience with operational application of data protection, privacy law, and regulatory compliance concepts.
- A specialized training certification from reputable bodies in the data protection community, such as the CIPP/E certification from the International Association of Privacy Professionals.
In addition to looking good on paper, a data privacy compliance officer is expected to be rich in soft skills that demonstrate the ability to function in the role like:
- Analytical skills and audit experience to evaluate data protection, privacy risks, and compliance gaps.
- Leadership skills to foster collaboration and commitment to data protection and privacy within the organization, as well as compartmentalize and delegate tasks within their department.
- Good organization and communication skills to raise awareness about data protection among staff and provide risk-based advice to top-level management.
Read Also:
Responsibilities of a Data Privacy Compliance Officer
Data Privacy Compliance Officers have a myriad of duties; however, the substantive NDPA divides them into three broad categories:
- Advisory: Data privacy compliance officers, as the stewards of internal data protection, inform key stakeholders about their data protection obligations to individuals and regulators, the overall best practices and standards for data collection, processing or transfer, as well as the most effective modes of achieving compliance. They establish, maintain and develop internal frameworks for adherence, raise awareness and conduct training programmes to educate staff on their key responsibilities under data protection and privacy laws and compliance requirements. Given their central role, accessibility is important because they serve as a point of contact in the organization for data protection and privacy-related queries and issues from staff, data subjects and supervisory bodies alike. They are also expected to collaborate with other departments in the organization, like IT, Legal, HR, etc., to integrate data protection into the core of operations to enable effective dissemination of information and implementation of policies, ensuring lawful and ethical data practices are second nature to the organization.
- Monitoring: DPOs maintain oversight of the organization’s compliance stance. Through monitoring, they can pinpoint and address its strengths and weaknesses. They’re expected to identify and assess the data collecting, processing, sharing and transfer activities for application of global best practices, conduct periodic audits and impact and risk assessments to identify and appraise any significant impact to the data subjects or potential regulatory risks to the organization and keep updated records of data processing activities and data protection enforcement policies for proper review by independent auditors or data protection authorities, reinforcing a culture of transparency and accountability in the company. Another monitoring strategy is the occasional evaluation of existing data protection and security frameworks for insights into their performance in various departments to make informed decisions on areas of improvement, maintenance, and total overhaul to solidify the organization’s compliance structure.
- Reporting: DPOs act as liaisons between organizations and data protection regulations. They’re mandated to cooperate with the supervisory authorities to deal with complaints and queries concerning their data protection operations or report any breach incidences or any violations of data protection regulations and guidelines within the stipulated time. In some cases, they’re required to make periodic returns to apprise the authorities of their level of compliance. The NDPC, for instance, obligates DCPMIs to file annual data protection audits before the 15th of March every year or incur regulatory sanctions.
Conclusion
The data boom of the digital economy has made privacy of utmost importance. Passing laws is one-half of the work; the other half rests with compelling conformity, and the role of the data privacy compliance officer is a pivotal internal measure. Existing beyond formality, the officer serves as the business’s umpire of data protection enforcement. They champion awareness, inspire commitment and collaboration to ethical data culture and shape the business’s image as trustworthy and reliable, giving it a competitive edge in the era of big data. Organizations that are serious about data protection and privacy do not merely appoint DPOs; they invest in them, empower them and include them in strategic decision-making.
Are you a data privacy compliance officer, or are you looking to begin a career in data privacy? Compliance Tribe has in-stock resources to help you navigate the complex and dynamic Data Privacy and Protection field. Join the community today to gain access to valuable resources that help you stay on top of your career’s game.
Glossary of Terms
Data Controller: An individual or organization that determines the purposes and means of processing personal data.
Data Processor
An entity that processes personal data on behalf of the data controller. They act only under the instructions of the controller and are bound by contractual obligations.
Data Subject
A person whose personal data is being collected, held, or processed.
Data Protection
The legal and technical processes established to safeguard personal data from misuse, unauthorized access, or loss, ensuring the rights of data subjects are respected.
Data Privacy Compliance Officer (DPCO)
A professional responsible for ensuring that an organization complies with applicable data protection regulations.
Third-Party Vendors
External organizations or service providers may process or access personal data in the course of providing services to a data controller or processor.
Impact Assessments
Structured evaluations—often known as Data Protection Impact Assessments (DPIAs)—are designed to identify and mitigate risks associated with data processing activities, especially those that could affect individuals’ rights.
Risk Assessments
Analyses are conducted to identify potential threats to personal data and evaluate the likelihood and severity of harm.
Breach Incidence
An event in which personal data is accessed, disclosed, altered, or destroyed without proper authorization.
Digital Economy
An economy driven by digital computing technologies, which harnesses the widespread use of the internet, data, and digital platforms to transform sectors such as commerce, education, health, and governance.
Abbreviations
GDPR – General Data Protection Regulation
NDPA – Nigeria Data Protection Act
GAID – General Application and Implementation Directive
NDPC – Nigeria Data Protection Commission
DCPMI – Data Controllers and Processors of Major Importance
DPO – Data Protection Officer
ICT – Information and Communication Technology