Does anyone here have experience as a combined Privacy Officer and Privacy Counsel role or working with a combined role? We’re deliberating combining those roles at my company, chiefly to save headcount and budget. I have some concerns about someone serving both roles at once (e.g. maintaining privilege), but that could just be me.

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No experience in combining the roles but I think they are different missions. Counsel protects the company and DPO advocates for data subjects and has independence from the company. Counsel has to have fidelity to the company as their client. So there would be internal conflict with a combined role. An attorney can be DPO but they aren’t wearing a legal counsel hat when serving a DPO role. Also DPO is a senior/executive role.

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*DPO doesn’t have to be senior… but they should have credibility with senior stakeholders as plenty of 15-25 year managers will have to follow their advice or instructions.

I actually don’t think it’s permissible to serve as a DPO concurrently with any role which subjects you to direct orders from the org under GDPR.

There’s nothing stopping you from piling a non-DPO Privacy Officer’s workload on an attorney… but good luck keeping that resource around.

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Counsel 1 a thanks for sharing! That sounds awful!

Yes. Drop me a note for real war stories.

It’s tricky, and in this area we have to be very precise on statuatory duties, normal CPO vs DPO vs Privacy Counsel.

I’ve done all at different customers (consultant here), or a combo of 2; but being perfectly honest think that…while it’s possible in the near future to eventually reach a state of tech where we might be able to have the contracts part streamlined… presently it’s not professional to have a real expectation of combo (especially CPO/DPO), if you have anything higher than a mid cap, and even then only with experienced privacy paralegals, also not easy to find.

Happy to chat, as a fellow pro only.

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Thanks! I appreciate your insights!

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Thanks director 1! I really appreciate it!

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