Compliance with the GDPR cannot be limited to a formal or documentary approach. It presupposes the construction of a genuine governance framework, living, effective, and shared by all the organization’s stakeholders. Within this framework, the Data Protection Officer (DPO) holds a central position. But his mission is fully accomplished only if he manages to establish a fluid and durable collaboration with operational teams.
What articulation between data governance and the role of the DPO? How to ensure effective cooperation with business departments? Legal insights and best practices from field experience.
The DPO, conductor of GDPR compliance
Since the implementation of the General Data Protection Regulation (GDPR) on May 25, 2018, the DPO has seen his role deeply institutionalized. In accordance with Article 39 of the GDPR, he is responsible for ensuring compliance with legal obligations by the entity that appointed him, whether he is the data controller or a processor.
This mandate extends far beyond mere monitoring of processing activities: the DPO advises, trains, audits, alerts, and acts as an interface between the entity and the supervisory authority – in France, the CNIL.
The CNIL, in its practical guide on the role of the DPO, recalls that the latter must notably accompany the organization during major developments (launch of an application, change of HR tool, new prospecting policy). Thus, when a company decides to implement biometric badge technology, the DPO must intervene from the design phase to assess the legitimacy of the processing, guide the completion of a DPIA (Data Protection Impact Assessment) and propose adequate security measures.
But to play this role of watchman, it is also necessary for the DPO to be involved in projects, recognized in their functions, and integrated into decision-making circuits.
The data governance, a structuring framework to build and implement
The governance of personal data refers to the set of policies, procedures, responsibilities, and mechanisms implemented to ensure an ethical, secure, and compliant management of processing activities.
She does not reduce to a simple register maintained in an Excel spreadsheet. The CNIL insists on the necessity of implementing a « effective governance », concept stemming from the application of Article 5 of the GDPR relating to the principles of processing. In other words, it is not enough to simply have documents: one must also demonstrate their concrete implementation and their effectiveness over time.
For example, in its decision SAN-2022-018 against Infogreffe, the CNIL highlighted the inadequacy of a document management follow-up without effective control of the security measures implemented by the subprocessor. Governance therefore implies an active management, and not a display.
That includes, in particular :
- A clear allocation of roles within the organization.
- Adapted procedures to the business realities (for example, a policy of access rights management different according to HR, IT or commercial services).
- Regular audits, internal or external, to verify the application of the measures provided.
In this context, the DPO becomes the guarantor of the system’s coherence, but he cannot act alone.
Effective collaboration with teams: a strategic objective
The success of data governance rests above all on the quality of collaboration between the DPO and operational teams. However, in many structures, this relationship remains incomplete. The DPO is sometimes perceived as an isolated expert, external to operational realities, or as a “brake” on innovation.
It is therefore essential that the DPO manages to build a trust dialogue with the business units. This implies understanding their constraints, proposing suitable solutions, and not merely legal directives.
Let’s take the example of a marketing service wishing to launch an email prospecting campaign. The DPO must not only remind the applicable rules regarding consent or legitimate interest (Article 6 of the GDPR), but also propose email templates, unsubscribe request management processes, and assist in the drafting of information notices.
The collaboration also involves the establishment of steering committees, GDPR referents by department, or regular points of contact. Shared governance implies that teams feel responsible and not merely spectators of compliance.
Ensuring compliance over time: audits, documentation and data culture
The effectiveness of a GDPR framework is measured over time. The DPO plays a role here of watcher and engine. He must ensure that the registers are kept up to date, that the DPA’s are reviewed in the event of a major change, that the procedures for managing rights or data breaches are regularly tested.
The documentation – registers, internal policies, subcontracting agreements – must be live. It is not a matter of producing a corpus for audit, but of having useful and operational tools for employees. In this regard, the implementation of an RGPD intranet, the distribution of practical guides for internal staff, or the holding of targeted training sessions are all levers for implementing governance.
In the event of a data breach (such as a laptop theft or mass email error), the DPO must coordinate the response of the entity, in collaboration with the technical and legal teams. He analyzes the severity of the incident, documents the situation, and decides with the management whether notification to the CNIL or to the affected individuals is necessary, in accordance with articles 33 and 34 of the GDPR.
Conclusion : governing data is working together
The management of personal data cannot be the responsibility of a single individual, however competent he may be. The DPO is a conductor, but compliance is played by the team. It is in this synergy between legal expertise and operational reality that the success of an effective governance resides.
Establish robust governance, engage with business teams, document processing operations, anticipate CNIL audits… All of these challenges require tailored strategic and legal support.
At Aumans Avocats, we assist DPOs, legal departments and data controllers in structuring a compliant, operational and adapted data governance. Analysis of your internal processes, contractual security, drafting of internal policies, support in the event of a control or data breach: our team accompanies you at every stage.
Need to strengthen your GDPR framework or optimize cooperation between your DPO and your business teams ?
Contact Aumans Avocats to benefit from personalized legal support, combining regulatory expertise and operational pragmatism.
