In this blog, we explore AI’s growing role in recruitment and examine where human judgment remains essential. Building on insights from our webinar Hiring or Backfiring: Employing AI in Recruitment, we share expert insights from David Smith (DPO and AI Sector Lead at The DPO Centre), Helen Armstrong (CEO at Silvercloud HR), Richard Bradshaw (Co-founder of PeopleRE), and Nicky Badenock (Co-founder of Genie). Together, they examine the benefits, limitations, and ethical considerations of AI in hiring. 

• Can AI recruitment outperform traditional methods? 
• Can AI recruitment streamline workflows? 
• Is AI a neutral hiring tool? 
• Will AI replace recruiters? 
• How to choose the right AI hiring tool 
• Three questions to ask AI vendors

Can AI recruitment outperform traditional methods? 

Resume screening

AI can enhance recruitment by efficiently screening large volumes of resumes based on predefined criteria. When trained correctly, it enables consistent, data-driven decisions that reduce reliance on human instinct and help eliminate bias. However, if the training data reflects existing inequalities, such as historical hiring patterns favoring certain demographics, AI may unintentionally reinforce those biases.  

Evaluating cultural fit

Human judgment is essential for evaluating cultural fit. While AI can assess qualifications, experience, and even communication style, it lacks the ability to understand the nuances of personality, emotional intelligence, and team dynamics. These interpersonal traits are key factors in driving long-term success.

AI-enhanced job applications 

Recruiters aren’t the only ones making use of intelligent technologies. Job seekers are increasingly using AI to polish resumes, optimize keywords, and auto-generate bespoke cover letters to pass automated screenings. Although effective, this can lead hiring managers to overestimate a candidate’s abilities, creating a gap between expectations and actual performance. 

Expert perspectives

Industry experts share their take on the opportunities and challenges that AI brings to recruitment: 

• David Smith from The DPO Centre warns that AI could widen the divide. Executive search roles may still see a personalized approach but at the high-volume end of the market, candidates risk being ‘massively disenfranchised’ by low personalisation. 
• Nicky Badenock at Genie sees opportunity as AI can go far beyond simple CV matching. While human instinct remains vital and should ‘never go away’, AI offers value in organising and surfacing the right talent form wider pools. 
• Richard Bradshaw at PeopleRE highlights the perception challenge. With many candidates believing AI screening removes the human element, it creates ‘real stigma in the candidate market.’ For recruiters, the hurdle is learning how to apply AI effectively in back-office processes. 
• Helen Armstrong at Silvercloud HR points out that candidates are already using tools like ChatGPT to optimise CVs for AI systems. Cultural fit remains important and ‘AI can’t ever replace that.’   

Can AI recruitment streamline workflows?

AI can significantly cut down recruitment time by automating repetitive tasks, such as resume screening, candidate assessments, and interview scheduling. But success depends on a structured approach: ensuring data quality, integrating AI with existing HR systems, and regularly monitoring performance to improve efficiency. 

David Smith, DPO at The DPO Centre believes that ‘To get an automated system to match and evaluate things better, we need to be clearer at describing what we want and what we need. The need for automation improves the entire process.’  

Is AI a neutral hiring tool?

AI aims to reduce human bias by evaluating candidates against data-driven criteria. But if the training data reflects existing inequalities, AI systems may replicate them, making regular audits critical to ensure fairness and accuracy. 

These tools can also misread career breaks as unexplained employment gaps, overlooking valid reasons like parental leave or caregiving. This can lead to unfair decisions that disadvantage qualified candidates. 

Richard Bradshaw, PeopleRE thinks ‘Many recruitment processes fail, not because a candidate lacks the skills, but because they ultimately don’t have a genuine desire for the specific role. While AI can efficiently match candidates based on qualifications and experience, it isn’t yet advanced enough to assess a candidate’s motivation, passion or long-term commitment, rather than just securing any job.’ 

Will AI replace recruiters?

AI can automate many administrative tasks, but human insight remains vital for success. A recruiter’s ability to assess cultural fit, build relationships, and make context-based decisions is something AI still can’t match. 

Helen Armstrong, Silvercloud HR reiterates that ‘Cultural fit is as relevant as having the right qualifications and experience. It’s about attitude and AI is never going to be able to assess that. AI has to be an assistant to the recruiter, not a replacement.’  

How to choose the right AI hiring tool

Selecting the right AI tool for recruitment requires careful evaluation of key factors: 

• Recruitment goals: Define what you need the system to do, such as resume screening, candidate matching, or interview scheduling 
• System compatibility: Ensure the system aligns with your hiring goals and seamlessly integrates with your existing HR tools 
• User experience: Choose a platform that’s intuitive for both recruiters and applicants 
• Transparency and bias controls: Prioritize systems with clear decision-making processes and built-in bias mitigation 
• Analytics and reporting: Choose tools that offer strong reporting features to monitor and improve outcomes 

Three questions to ask AI vendors 

To ensure you choose a responsible and compliant AI system, ask potential vendors these key questions: 

1. How is bias prevented? 
2. What security measures are in place? 
3. How is system performance monitored and maintained? 

Vendors should explain how they train, audit, and refine their algorithms to reduce bias in hiring. Robust cybersecurity protocols must be in place to protect candidate data and prevent breaches. And you need to confirm the vendor regularly audits the system to detect errors, track performance, and resolve issues efficiently. 

The future of recruitment: Human and AI 

AI brings clear benefits to recruitment: greater efficiency, scalability, and data-driven insights. But its value depends on how it’s implemented. When used responsibly, AI can streamline admin tasks, improve candidate matching, and support more consistent, less biased decision-making. 

But there is a risk of creating a two-tier hiring system, where executive roles may retain personalized attention, while high-volume recruitment becomes impersonal. To avoid this, organizations must maintain a human touch. 

Ultimately, recruitment should remain a human-led process. Organizations that combine AI efficiency with human judgment will be best positioned to attract and retain top talent.

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AI Governance is essential for ensuring AI systems are developed, deployed, and monitored in line with legal and ethical standards. If your organization is starting or scaling its AI compliance journey across the EU and UK, contact us to learn how The DPO Centre can support you with expert guidance for compliance with the EU AI Act, GDPR and the UK’s DUAA regulations.  

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In case you missed it…

• EU AI Act Compliance part 4: Essential strategies for North American organizations 
• Lead generation and the GDPR: A guide for North American businesses 
• Large-scale processing and the GDPR: When to appoint a DPO 

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For more news and insights about data protection follow The DPO Centre on LinkedIn

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One of the key factors is large-scale processing of personal data. However, the General Data Protection Regulation (GDPR) doesn’t offer a precise definition for this, which leaves room for interpretation and can cause confusion. 

In this blog, we explain what qualifies as large-scale processing, the criteria for appointing a DPO, and how the rules apply across key sectors. 

• When is a DPO legally required?
• What is ‘large scale’ processing?
• Examples of ‘large scale’ processing?

For simplicity, we use ‘GDPR’ to refer to both the EU and UK versions of the General Data Protection Regulation. While the two frameworks are broadly aligned, there are notable differences, particularly around international data transfers. 

Recent UK legislation developments, including the Data Use and Access Act 2025, may also affect your organization’s obligations. We recommend seeking advice from a data protection professional to ensure your approach remains compliant and up to date. 

When is a DPO legally required?

Under Article 37 of the GDPR, organizations must appoint a DPO if they: 

• Are a public authority or body (excluding courts acting in a judicial capacity) 
• Regularly and systematically monitor individuals on a large scale as part of their core processing activities 
• Process special categories of personal data on a large scale 

A DPO can be an internal employee or an external provider. Learn more in our blog, Hiring a Data Protection Officer – Internal vs. Outsourced. 

A single DPO may serve multiple organizations, such as a corporate group, public authorities, or associations. 

These requirements ensure that organizations engaged in complex or high-risk data processing have independent oversight to support GDPR compliance. 

What is ‘large scale’ processing?

The GDPR doesn’t define large-scale processing, but individual regulators provide guidance to help organizations assess their activities. 

According to the UK’s Information Commissioner’s Office (ICO), key factors include: 

• Number of individuals: Processing data from a significant population 
• Volume: Handling large quantities of personal data 
• Variety: Processing different types of data 
• Frequency and duration: Ongoing or frequent processing
• Geographic reach: Operating across multiple regions or countries 

You don’t need to meet all of these to qualify as large-scale, and any combination may apply depending on the context. It’s advisable to consult with a data protection professional to help assess your specific situation. 

Examples of ‘large scale’ processing

The following sector-specific examples illustrate what may qualify under the GDPR as large-scale processing: 

• Healthcare: A hospital handles various data types, such as medical records, insurance data, and appointment histories for thousands of patients 
• Finance: A bank processes account details and transactions for millions of customers 
• Technology: A cloud provider stores and manages vast amounts of files, photos, and personal details across multiple countries 
• Retail: A clothing chain tracks purchase histories, payment data, and shipping info for millions of customers 
• Education: A university processes applications, academic records, financial aid data, and health information for thousands of students 
• Charity: An organization manages donor details, donation records, and beneficiary information at scale 

Key takeaways

Determining whether your organization conducts large-scale processing is key to understanding if you’re legally required to appoint a Data Protection Officer (DPO) under the GDPR. Public authorities, organizations that systematically monitor individuals, or those processing large volumes of sensitive data typically fall within this requirement. 

Assess your obligations by considering factors like the number of data subjects, volume and variety of data, processing frequency, and geographic reach. 

Appointing a DPO can strengthen your data protection framework and show a proactive stance on compliance, even if not legally required. 

The DPO Centre offers a range of outsourced data protection services, including fractional DPOs and EU/UK Representatives. Contact us to learn how we can help you meet your legal obligations. 

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In case you missed it… 

• How GDPR territorial scope impacts North American Businesses 
• Data retention strategies for GDPR compliance 
• 5 steps for GDPR-compliant vendor due diligence 

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For more news and insights about data protection follow The DPO Centre on LinkedIn

The post Large-scale processing and the GDPR: When to appoint a DPO appeared first on DPO Centre.

The European and UK markets offer significant growth opportunities for SaaS companies looking to expand beyond their home territories. With large and diverse consumer bases these regions are home to dynamic business sectors, both B2B (business-to-business) and B2C (business-to-consumer). 

• The European Commission’s 2023 Single Market Report estimates the total size of the EU consumer market is €8.6 trillion 

• The UK’s Office for National Statistics latest consumer trends estimates the UK consumer market is £1.8 trillion. 

However, successful expansion into the EU and UK requires more than just understanding local market dynamics and attracting customers. The need to comply with complex regulations can be a significant hurdle. This includes not only industry-specific regulations, such as those in the Life Sciences or Finance sectors, but also broad-reaching ones that encompass consumer privacy rights for all industries. 

As privacy legislation is constantly evolving, it is important that you stay updated with the latest guidelines and remember that data protection and privacy compliance is not a one-time task, but an ongoing commitment.  

Handling the personal data of EU and UK residents: Your responsibilities 

The fundamental purpose of the GDPR is to protect individuals’ privacy and data protection rights. 

What this means for SaaS platforms: 

If you process the personal data of EU and/or UK residents, you must comply with the GDPR’s 7 principles. 

EXAMPLE: A Canadian company provides a CRM platform for B2B companies. The company is expanding its business into the EU and UK markets and will be storing the personal data of EU and UK residents as part of the business function. Therefore, the company must be able to demonstrate compliance with the 7 principles of the GDPR. 

Establishing a lawful basis

Before any personal data can be collected, you need to confirm a lawful basis. This is essentially the legal justification for processing someone’s personal data. Under the GDPR, there are 6 lawful bases. 

The most appropriate lawful basis will depend on the specific purpose of the SaaS platform and can vary with the industry sector and type of processing. 

Example: An automated payroll SaaS platform might use legitimate interests to process personal data (such as employee bank details, tax identification numbers and names), in order to ensure timely payment of salaries. 

It’s important to make the right decision about your lawful basis from the start, as it’s difficult to swap to a different one later. 

GDPR guide for SaaS companies: The key documents you will need for compliance 

A vital part of demonstrating compliance with the GDPR is to have certain contracts, agreements and documents in place. 

Contracts and agreements provide clarity and certainty for both businesses and customers by setting out the specific terms and conditions of processing personal data. 

Here are some of the documents you should prepare, and some of the contracts you may need: 

Privacy policies and notices – These documents are important for ensuring transparency. They should include your company contact details, the types of personal data collected, how the data is collected and what it will be used for, the company’s lawful basis for processing, how long the data will be stored, and any details of transfers to third parties or international organizations. You must also include a notice with the right to withdraw consent if that is your lawful basis. 

Mandatory data processing clauses – These are required if you are outsourcing any data processing to a third party. If you are processing EU or UK data, you must ensure the mandatory data processing clauses are in place with any supplier that will have access to that data. These clauses are usually contained in a Data Processing Agreement (DPA), which sets out the responsibilities and obligations of each party. A DPA should include the purpose of the processing, the lawful basis, security measures, data subjects’ rights, and the duration of the agreement. Other factors may also be required, depending on the specifics of the processing. 

Data sharing agreement – This agreement is used when two or more parties agree to share personal data for specific reasons. It establishes the terms for data sharing and the responsibilities and roles of each party. For example, between a company and a service provider. There is no set format for this agreement, and the details will depend on the scale and complexity of the data sharing. Generally, this agreement includes the purpose of data sharing, the types of data to be shared, the responsibilities of each party, data security, and data protection compliance measures. 

Transfer Agreement (TA) – This is necessary if you plan to transfer personal data outside the EU or UK, even if it has been pseudonymised (i.e. coded data). A transfer agreement is required for most recipient countries and there are certain mechanisms you can use for exporting data (see the following section: Requirements for international data transfers) 

Records of Processing Activities (RoPA) – A RoPA is a document that serves as a central record or inventory of all data processing activities within the business. Although not exactly a contract or an agreement, it is a requirement of the GDPR to maintain records of processing activities. 

This list is by no means exhaustive, and there are other important documents you should have in place, including a data breach policy and a data retention policy. A data protection officer (DPO) will be able to advise you according to your business’s specific circumstances. 

And don’t forget a Data Protection Impact Assessment (DPIA)

A DPIA is a process used to analyse, identify, and minimise the data protection risks of a project or data processing activity. It’s an important tool in helping to achieve GDPR compliance. 

DPIAs are mandatory for any high-risk data processing activities, such as those involving special category data. 

Example: A SaaS platform offers a Healthcare Management system that processes personal data such as health records and genetic data. A DPIA would be required to as this type of data is considered sensitive and high-risk. In the event of a breach, the impact to individuals could be significantly higher than other types of data due to the sensitive nature of the information. 

But even when a DPIA isn’t explicitly required by the GDPR, it’s a beneficial process to undertake and can help you to identify and reduce your data protection risks. It also promotes a ‘privacy by design’ approach, embedding best-practice data protection processes into the business right from the start. 

Read more about privacy by design. 

Requirements for international data transfers   

The GDPR imposes strict restrictions on the transfer of personal data outside the European Economic Area (EEA) and the UK. If you are exporting personal data from these territories to other countries (known as ‘third countries’), there are mandated safeguards that must be in place. 

A few countries have been awarded what is called ‘adequacy’, which means their data protection laws are ‘essentially equivalent’ to those of the EU and/or UK and do not require the use of additional safeguards or permissions. This simplifies the process of international data transfers.  

European Commission’s latest adequacy decisions 

UK Information Commissioner’s Office adequacy regulations

Do you need a transfer impact assessment (TIA) or transfer risk assessment (TRA)? And what’s the difference?

A TIA and a TRA are similar types of data transfer risk assessment. TIAs are used for EU personal data transfers, and TRAs are the UK’s equivalent. 

EU transfer impact assessment (TIA) – You need to complete this for EU personal data transfers from the European Economic Area (EEA) to certain third countries when using these mechanisms: SCCs and BCRs. 

Also, organisations transferring UK personal data to third countries can choose to use a TIA. It may be the better option for transfers between the UK and EU. However, you need to check whether the personal data is being transferred within the scope of the EU GDPR or the UK GDPR and choose the most appropriate assessment. 

UK transfer risk assessment (TRA) – You need to complete this for ‘restricted transfers’ of personal data from the UK to certain countries outside the UK when using these mechanisms: SCCs with UK Addendum, UK BCRs, and IDTA. 

When is a TIA or TRA not required?

If a country has been awarded adequacy, a TIA or TRA is not required. 

Also, Article 49 of the GDPR provides several exceptions, called derogations, that allow for the transfer of personal data to third countries without the need for a TIA or a TRA. These derogations are for specific situations and are not intended to be used regularly or as a standard method of transfer. 

Here are a couple of examples of the most common derogations: 

• Explicit consent – the data subject has explicitly consented to the proposed transfer 
• Contract – the transfer is necessary for the fulfilment of a contract previously agreed between an organisation and a data subject 

Additional considerations for SaaS platforms in EU and UK markets

In addition to the GDPR, and depending on your business activities, you may also have to comply with EU and UK regulations specific to electronic marketing communications and online tracking. 

The EU’s ePrivacy Directive

This EU Directive was adopted nearly two decades ago, in 2002. Often referred to as the ‘cookie law’ (as it was the first piece of legislation to regulate the use of cookies and digital trackers), it also includes rules about marketing calls, emails, texts and faxes, and directory listings. Any businesses engaging in these marketing methods, or the digital tracking of EU customers, must comply with the ePrivacy Directive. 

Example: A FinTech company based in China provides an online platform for peer-to-peer lending. Wanting to expand into EU markets, the company has various advertising campaigns and tracks the digital behaviour of potential customers. Therefore, the company must comply with both the EU GDPR and the Privacy Directive. This means the company must ensure compliance with the 7 principles of the GDPR, safeguard the confidentiality of communications for its EU users, and comply with rules about tracking and monitoring. Any non-essential cookies on the website must have an opt-in choice.   

Note: At the time of writing, the European Parliament and the Council of the European Union are finalizing the negotiations on the proposed ePrivacy Regulation, which is set to replace the ePrivacy Directive. The new regulation proposes a broader scope with stricter rules for businesses, particularly those operating online. 

The UK’s Privacy and Electronic Communications Regulations (PECR)

This is the UK law derived from the ePrivacy Directive. PECR gives UK residents specific privacy rights regarding marketing calls, emails, texts, and faxes, cookies and similar technologies, and electronic communication security. 

Data Protection Officers (DPOs) 

The best way to achieve and maintain compliance with EU and UK data protection laws is to appoint a Data Protection Officer (DPO) 

DPOs have in-depth knowledge and experience of the various requirements your business needs for compliance with the GDPR and electronic communications laws. 

For some businesses, having a DPO is not only advisable but also a mandatory requirement. Article 37 of the GDPR states that a DPO is required if: 

• The data processing is carried out by a public authority or body 
• The core activities of the business involve the regular and systematic monitoring of data subjects on a large scale 
• The core activities of the business involve the processing on a large scale of special category data or personal data relating to criminal convictions and offences 

However, many businesses choose to appoint a DPO even when it isn’t a legal requirement. 

Outsourced Data Protection Officer (DPO) Services 

A DPO can not only help ensure compliance with EU and UK data protection laws, including advice on best practice with Data Subject Rights Requests (DSARs) and notification requirements, but also manage data protection risks and rights in relation to automated decision making. 

Fostering a data protection culture within your business is the best way to proactively maintain the trust of your customers and stakeholders, fortifying your reputation. 

EU and UK GDPR Representatives

All businesses that fall under the scope of the GDPR and do not have a physical presence within the EU or UK must appoint a GDPR Representative. If you are looking to expand into both markets, you will need a UK GDPR Representative AND an EU GDPR Representative. 

A GDPR Representative acts as point of contact for supervisory authorities such as the Information Commissioner’s Office (ICO) in the UK, the Commission Nationale de l’Informatique et des Libertés (CNIL) in France, or the Autoriteit Persoonsgegevens in the Netherlands. 

GDPR Representatives are also the point of contact for data subjects wishing to exercise their rights under the GDPR. These rights include the right to access their personal data, the right to correct inaccurate data, the right to erasure, the right to restrict processing, the right to data portability, and the right to object to processing. 

See here for additional information: 

GDPR Representative: Do you need one? 

GDPR Representative Service 

GDPR guide for SaaS companies: Summary

Businesses planning on entering EU and UK markets must comply with the local data protection laws, including the EU GDPR, the UK GDPR, the ePrivacy Directive, and PECR. 

Maintaining a strong reputation for data protection also builds trust with customers and stakeholders, which is an essential foundation for commercial success. 

The best way to achieve and maintain compliance is to appoint a Data Protection Officer (DPO) with the expertise and knowledge to help you navigate the myriad of regulations and requirements. They can help you draft the necessary contracts and agreements you will need, as well as manage international data transfers, and keep you up to date on any jurisdictional changes.

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In case you missed it… 

• Canadian privacy laws: PIPEDA and beyond 
• Quebec’s Law 25: A guide to support privacy compliance 
• International data transfers: Explaining EU SCCs, UK Addendum and UK ITDA 

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For more news and insights about data protection follow The DPO Centre on LinkedIn

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The Personal Information Protection and Electronics Act (PIPEDA) was enacted in April 2000. Since then, there have been significant changes in global data protection and technological advancements, necessitating amendments to Canadian federal legislation. 

The Digital Charter Implementation Act, 2022 (also known as Bill C-27) is the proposed update to PIPEDA. It is currently under consideration in the Senate. If enacted, the new law will require organizations to prepare for stricter regulations and increased enforcements. 

Here, we talk to Ray Pathak, a former Privacy Officer with over 15 years of Canada privacy experience and MD of The DPO Centre Canada. He sheds light on some of the current challenges faced by Canadian organizations, keeping in mind the potential law changes and the evolving role of privacy professionals. 

Ray, can you tell us a little bit about your background?

I’ve been in the privacy space for almost 20 years. From 2005-2015, I was a Privacy Officer, leading a wide variety of privacy programs. For the last 8 years, I have been leading and developing privacy solutions in the Privacy Tech sector. 

I’m privileged to now lead The DPO Centre’s Canadian office, where I work with organizations to help guide them through the increasing complexities of local and international privacy regulations.

What are the key privacy challenges currently faced by organizations in Canada?

With so many evolving global privacy laws, organizations operating across multiple jurisdictions face ongoing challenges to keep up with the changes.  

Canadian organizations must adapt to new legislation such as Quebec’s Law 25 and the potential federal changes, as and when Bill 27 passes. 

In addition, emerging technologies like AI have introduced new privacy challenges, including the risk of breach threats with sophisticated attacks, and an increase in state sponsored attacks. 

With the upcoming changes in Quebec’s privacy legislation, what should businesses do to prepare for compliance with Law 25? 

Law 25 is being implemented in stages.

Stage 1 came into effect on September 22, 2022, and covered the mandatory designation of a Privacy Officer and Privacy Impact Assessments (PIAs).

Stage 2 came into effect on September 22, 2023, focussing on Accountability, Consent, Transparency, Individual Rights, and other key principals of privacy management.

Stage 3 will come into effect on September 22, 2024, and deals with data portability rights. 

Businesses should complete a gap assessment of their current programs and adapt their policies, procedures, and data handling practices to ensure they comply with the stricter obligations under Law 25. Key areas to address will be Consent, PIAs, and cross-border transfers. 

Do you think there will be changes to other provincial laws?

With changes already in place in Quebec, and proposed changes to the Federal privacy law, I think it will only be a matter of time before the Alberta and British Columbia laws are amended. 

Also, the province of Ontario has been talking about introducing their own privacy legislation for some time, and I believe the introduction of this is inevitable in the next two to five years. 

How do Canadian laws regulate the use of AI systems?  

There is currently no single comprehensive law that deals specifically with AI in Canada. 

The Artificial Intelligence and Data Act (AIDA) was introduced in June 2022 as part of Bill C-27, which advocates a risk-based approach to AI systems. 

There are other sector laws that touch on AI within their domains, such as healthcare and finance, and PIPEDA can be applied to cover AI systems that collect, use, or disclose personal information. However, none of these laws are tailored to AI, and they fail to address the unique privacy challenges that come with these technologies. 

How do provincial laws like those in Alberta and British Columbia interact with PIPEDA? 

PIPEDA is the overarching privacy law for private sector companies that collect, use, or disclose personal information in Canada. 

However, when processing data in a province with its own privacy law, such as Alberta, British Columbia, or Quebec, the provincial law applies over the federal PIPEDA law. 

Most organizations operate across multiple provinces and may need to comply with up to four privacy laws – three provincial laws and the federal regulation. 

The good news is that provincial privacy laws have to be substantially similar to the federal privacy law, which ensures a certain amount of consistency for compliance. Although, there are still some significant differences, such as employee privacy, which is covered under provincial privacy laws for most private organizations, but not the current federal PIPEDA law.  

What would you say the greatest challenge is for the privacy industry at the moment?

The limited number of knowledgeable privacy professionals is a big challenge for organizations, especially if they only require part-time support. This can often lead to privacy being managed reactively, and as a secondary priority, by someone fulfilling another role within the company. 

That’s one of the key reasons why I joined The DPO Centre. We have an incredible pool of talent and a commitment to excellence. We’ve worked with over 900 organizations globally since 2017, and we can offer unparalleled support to organizations, providing in-depth privacy knowledge and expertise.  

What are some common misconceptions about the data protection industry? How do you deal with them?

The biggest misconception is that you can “complete” your privacy program, tick the box, and be done with it. 

However, if an organisation processes and stores personal data, there is a continual need for ongoing data management. It is one thing to adhere to a set of policies and another to truly safeguard data and ensure practices and processes are monitored and optimised.  

Organizations with strong privacy governance and embedded privacy by design practices are better equipped to mitigate risks and build customer trust, loyalty and engagement.  

What range of privacy services does The DPO Centre Canada offer?

Our Canadian team offer the same full-service privacy support that our clients benefit from the UK and EU offices, with the appropriate changes to accommodate Canadian privacy standards. 

Canadian Data Privacy Officers are available to assess, remediate, and operate your privacy program on an ongoing ‘fractional’ basis, provide ad hoc consulting support as required, and complete mandatory documentation such as Privacy Impact Assessments (PIAs). 

We also provide EU and UK GDPR representation for Canadian companies operating in the European Economic Area (EEA) and/or the UK. A GDPR Representative is a requirement for organizations that process the personal data of EEA or UK individuals but do not have a physical office in those jurisdictions.   

With the rise of global data protection laws, how does The DPO Centre Canada ensure multinational compliance?

Many Canadian businesses are aiming for international growth, and privacy can be a significant roadblock as they expand.  

The DPO Centre, has one of the largest teams of privacy experts available. Our DPOs are highly experienced privacy professionals, each with specialist industry sector knowledge and a deep understanding of global privacy laws. 

Therefore, we help organizations ensure that privacy isn’t a barrier as they grow globally.  

How do you foresee the future of privacy services evolving over the next five years?

I think we’ll see a continuing shift towards regarding privacy, not merely as a legal obligation but also as a key aspect of customer service and relationship management.  

We already work with organizations that understand privacy compliance is only a baseline requirement, especially in business-to-business industries. They recognize the potential for accelerated growth by leveraging excellent privacy practices that build trust, loyalty and engagement with their customers. It is therefore a crucial differentiator, helping them stand out from their competitors.  

As Canada’s privacy regulations evolve, our commitment to delivering top-tier privacy services continues. Supporting and empowering organizations to navigate complex legislation with confidence and integrity. 

The DPO Centre Canada

If you would like to discuss how our outsourced privacy services can help support your organization’s privacy governance, please contact The DPO Centre Canada team

For EU and UK data protection support, please see our range of EU/UK services

See also our recent blog, offering advice and guidance to support compliance with Quebec’s Law 25

The post Canadian privacy laws: PIPEDA and beyond appeared first on DPO Centre.

Law 25 represents a milestone for provincial privacy legislation. It marks a complete overhaul of Quebec’s privacy regime, strengthening privacy rights for individuals and updating organisational requirements. 

In this guide, we provide essential information to help support your journey towards achieving and maintaining compliance. We explain which organizations Law 25 affects and detail what each stage of its provisions include. 

What is Quebec’s Law 25?

Law 25 introduces several key concepts to modernize data protection practices in Quebec and strengthen privacy rights for individuals.

The legislation has been brought into effect in stages, over a three-year period, which has allowed organizations to adapt gradually to the new privacy requirements. By September 2024 organizations should ensure all provisions are fully implemented. 

Fines for non-compliance can range between CA$15,000 and CA$25,000,000 or 4% of worldwide turnover for the previous year, whichever is greater. 

Who does Law 25 apply to?

Law 25 applies to all businesses, including non-profits, operating in Quebec that collect, process, use or disclose the data of Quebec residents, regardless of size, revenue or location of the business. 

Quebec’s Law 25: A guide to support privacy compliance

Law 25 imposes a range of obligations on businesses, with the aim of striking a balance between privacy protection, individual rights, and business accountability. 

To ensure compliance with the new regulations, you should complete a gap analysis of your current privacy programs. This will identify any required updates that need to be made to policies, procedures and data handling practices. 

If you are operating within the province of Quebec and process personal data, these are the important aspects you should already have in place or need to address by September 22, 2024: 

Appoint a Data Privacy Officer 

The Data Privacy Officer role shares a similarity with the EU’s requirement for a Data Protection Officer (DPO). However, unlike the GDPR, the Privacy Officer role defaults to the highest-ranking individual in an organization, if one is not otherwise appointed. 

Many organizations may not be aware of the defaulting nature of the Privacy Officer role. Where a Privacy Officer is not explicitly appointed, the responsibility falls to the CEO or MD.  

What you need to do: It is crucial for organizations of any size or industry sector to recognize the importance of this role. A Privacy Officer should have the expertise and specialist knowledge to ensure compliance with privacy laws and understand the complexities of global data protection legislation. 

• Appoint an in-house Privacy Officer or outsource to an external professional 

For a comparison between in-house and outsourced options, see this link to download our infographic:

The infographic covers these important considerations for choosing between an in-house or outsourced Privacy Officer:

• Speed to hire,
• Scalability
• Experience and expertise
• Risk management
• Annual investment

Breach reporting  

Organizations must ensure that breach management processes are in place. Data breaches must be reported to the Commission d’accès à l’information (CAI) and all affected individuals as soon as possible. 

What you need to do: Create and test a data breach response protocol. When identifying a potential data breach, you must assess whether an incident poses a “risk of serious injury” based on information sensitivity, anticipated consequences and likelihood of harmful use. 

Your data breach response protocol should include: 

• Employee roles and responsibilities 
• Workflows 
• Template breach reporting document 

Biometrics disclosure 

Biometric data collection includes physical features such as fingerprints, facial features and iris patterns. 

What you need to do:  

• Express consent requirements – Obtain express consent from individuals and ensure it is specific to the purpose of collecting and using biometrics 
• Disclosure requirements – Inform the Commission d’acc`es ““““`a l’information du Québec (CAI) of your intention to use biometric processes at least 60 days before implementing the biometric system 
• Privacy by Design – Implement privacy-enhancing measures when handling biometric data and consider Privacy Impact Assessments (PIAs) to mitigate any potential harms 

Privacy Policy 

All organizations operating in Quebec must have a comprehensive Privacy Policy that outlines data handling practices. 

What you need to do: Create a Privacy Policy to include these important details: 

• Purpose – Clearly state the purpose of your privacy policy and outline how your organization collects, uses, discloses and protects personal information 
• Scope – Specify that the policy applies to all individuals whose data you process 
• Type of information – For example names, addresses, credit card numbers 
• Security measures – For example, encryption, access controls, regular audits, and employee training 
• Third parties and sharing – Explain the purpose of any such sharing and ensure transparency 
• Individual rights – Inform individuals of their rights and provide instructions on how they can exercise these rights 
• Contact information – For inquiries, requests and complaints related to privacy, include details of the designated Data Privacy Officer 
• Updates and accessibility – Commit to keeping the Privacy Policy up to date and ensure it is easily accessible and in a prominent place on your website 

Privacy Impact Assessment (PIA) 

A PIA is a systematic process to evaluate the impact of data processing activities on individuals’ privacy rights 

What you need to do: 

Under Law 25, organizations must conduct a Privacy Impact Assessment (PIA) for: 

• High risk data processing activities (e.g., large-scale data collection, profiling, biometrics) 
• Data transfers to other provinces, third countries, or international organizations 
• Implementation of new technologies (e.g., AI, IoT, facial recognition) 

Cross-border transfers 

These are transfers that involve moving personal data from Quebec to another jurisdiction outside Canada (or to another province). 

What you need to do: 

• Inform individuals about cross-border transfers in your Privacy Policy 
• Undertake a PIA (see details in the section above) 
• Enact contractual safeguards to ensure adequate protection in the jurisdiction of transfer 

Enhanced Consent 

Law 25 sets stricter rules for acquiring permission before using people’s personal information. Organizations must obtain explicit opt-in consent before collecting, storing, processing, and sharing personal information. Additionally, for children under 14, you will need the parent’s permission first. 

What you need to do:  

• Provide comprehensive information about why and how their data will be used 
• Ensure the consent request is prominant and stands out from general terms and conditions 
• Use clear and concise language with an opt-in requirement 
• Inform individuals of their right to withdraw consent at any time 
• List any non-Quebec third parties that you are sharing the personal information with 
• Maintain documentation of how and when consent was given 

Data minimization 

Law 25 emphasises the importance of collecting only the essential data for the intended purpose. Organizations must avoid excessive data collection and retain only relevant information. 

What you need to do: 

• Clearly define the purpose for which the data will be used in your privacy policy 
• Then only collect the minimum amount of data required to achieve that purpose  
• Define clear retention periods for different types of data 

Subject rights 

These rights came into effect September 2023, with the right to data portability effective in September 2024 (see below section). 

Subject rights include: 

• Right to be informed 
• Right to access 
• Right to rectification 
• Right to erasure 
• Right to withdraw consent 
• Right to restrict processing 
• Right to data portability 

What you need to do: 

• Ensure individuals are informed about your data practices 
• Privacy Officers should respond promptly to any access requests, within 30 days, and provide the relevant details (with redactions, as necessary) 

Data portability rights – comes into effect September 2024 

With this specific area of Law 25, individuals have the right to have their personal data seamlessly transitioned between service providers. 

What this means is that you are obliged to provide the requested information in a specified format. 

What you need to do: 

• You must provide the individual’s personal data in a structured, commonly used, and machine-readable format 
• Share the requested information with any authorized person or organization 

Summary 

The final stage of Quebec’s Law 25 comes into effect on September 22, 2024. 

Organizations operating within the province of Quebec must implement the necessary operational and procedural changes by that date to ensure compliance with the new regulations. 

We covered the key aspects of Law 25 in the above sections, but these are the main elements to consider: 

• All organizations must have a Privacy Officer in place 
• If you don’t specify a Privacy Officer, the CEO/MD will be automatically assigned 
• Complete a Privacy Impact Assessment (PIA) for all data transfers and new technologies 
• Implement a robust breach notification protocol with workflows and reporting documents 

The DPO Centre Canada 

From our offices in Toronto, Ontario, The DPO Centre Canada provides outsourced Canadian Privacy Officers to organizations operating across Quebec and other provinces.  

If you would like to discuss how our range of specialist services can support your organization’s privacy governance, please contact The DPO Centre Canada. 

The post Quebec’s Law 25: A guide to support privacy compliance appeared first on DPO Centre.

The General Data Protection Regulation (GDPR) specifies that organisations located outside the EU, without an establishment in the region, must designate a Representative if processing the personal data of EU residents. The UK GDPR has the same requisite for organisations processing the personal data of UK residents.  

This is a requirement for both data controllers and processors.  

A controller is defined as a person or organisation that determines the means and purpose of processing personal data. A processor is a person or organisation that processes personal data only under the instructions of the controller. 

In this blog, we help you understand whether your organisation needs an EU or UK GDPR Representative, or possibly both. Whether you are a data controller or processor, we answer some of the key questions frequently asked by businesses across the spectrum of industry sectors and sizes. 

Question 1: What is a GDPR Representative? 

A GDPR Representative is a person or organisation appointed to represent a controller or processor that handles the personal data of EU or UK residents and is located outside those territories. 

There are two types of GDPR Representatives: 

EU GDPR Representative: Required if you are a data controller or processor located outside the EU and offer goods or services to, or monitor the behaviour of, EU residents. 

UK GDPR Representative: Required if you are a data controller or processor located outside the UK and offer goods or services to, or monitor the behaviour of, UK residents. 

Representatives act as a point of contact for EU and UK-based individuals who want to exercise their data subject rights, and regulatory authorities that have queries about the data processing activities. 

EXAMPLE: If an individual living in the EU wants to know what personal data a company in the US has stored about them (a right known as a Data Subject Access Request or DSAR), they would contact the company’s EU GDPR representative. The Representative would action this request and make sure the individual receives the information they are entitled to under data protection laws. 

Question 2: Is our type of processing and volume of data considered occasional? If so, do we need a GDPR Representative? 

This will depend on each individual situation, whether the type of processing and volume of data is deemed ‘occasional’, and whether an organisation is offering goods or services to EU or UK residents. 

Generally, if data processing is occasional, and of low risk to the data protection rights of individuals and does not involve the large-scale use of special category or criminal offense data, you will not need to appoint a GDPR Representative. 

EXAMPLE 1: A US medical device company sells goods to US customers. The company does not currently have any marketing activities within EU markets. However, they have acquired single EU customer. The personal data processing for this single customer would be deemed occasional as it is a one-off and will not occur on a regular basis, or only on a limited scale. In this situation, the company would not need an EU GDPR Representative. 

EXAMPLE 2: A Canadian tech company sells software predominantly to North American customers and is expanding the business by advertising to EU and UK markets. The volume of EU and UK personal data processing is low, compared to the rest of the business. However, the company is specifically targeting EU and UK residents and offering goods and services as part of the business function. The company here would require both an EU and UK GDPR Representative. 

It is important to note that even occasional processing of EU or UK personal data must still comply with the GDPR. This includes having a lawful basis for processing personal data and taking appropriate data security measures. 

Question 3: Do we still need a GDPR Representative if we pseudonymise our data? 

Pseudonymisation is a useful security technique to make it more difficult to identify individuals. 

Pseudonymised data, sometimes known as coded data, is personal data that has been changed to prevent easy identification of a person without additional information. For example, names are replaced with aliases, addresses for regions, dates of birth with age ranges, etc. However, not all of these alterations need to be completed for data to be considered pseudonymised, and it will depend on the specific database. Any data that can relate to a particular individual should be altered if needed. 

EXAMPLE: A life sciences organisation in the US is a sponsor for a clinical trial in the EU. The trial participants’ data are pseudonymised for safeguarding and security. As EU residents’ personal data is being processed, the sponsor must comply with the GDPR. Under the GDPR, pseudonymisation does not change the status of personal data as it remains ‘indirectly identifiable’. 

Therefore, as the trial is designed specifically for EU participant data, and the data will be processed outside the EU, the organisation must appoint an EU GDPR Representative, unless they have an appropriate establishment within the EU. Even if the organisation has a data protection officer (DPO), they will still need a GDPR Representative, as the roles hold different functions (as explained later, in question 7).
 

Question 4: Our organisation processes both EU and UK personal data. Do we need both an EU and UK GDPR Representative? 

If your organisation processes both EU and UK personal data and does not have a branch, office or other establishment in any EU, EEA or UK region, you may need to appoint both an EU and a UK GDPR Representative. 

EXAMPLE: A lead generation company in Singapore targets EU and UK residents with a number of digital marketing campaigns. They collect, use and process various types of personal data including names, emails, phone numbers and addresses. As the company does not have a suitable establishment within either the EU or the UK, to comply with the GDPR, they would need to appoint both an EU and UK GDPR Representative as a point of contact. 

It is important to note that as the UK has completely separated from the EU, it is considered a different jurisdiction for data processing. 

UK organisations without an office or branch in the EU that process EU residents’ personal data will need to appoint an EU GDPR Representative. Likewise, EU organisations that do not have an office or branch in the UK and process UK residents’ data need to appoint a UK GDPR Representative. 

Question 5: Our company is a small, family-run organisation. How do we find out if we need a GDPR Representative? 

The main qualifying factor for the requirement of a GDPR Representative is whether the company processes the personal data of EU or UK residents and is located outside these areas. 

Other factors include the type of processing, the volume of data and whether it is considered large scale. The size of the company is not of primary importance, but the volume and type of data processing are. 

There isn’t a specific volume of data that triggers the need for a GDPR Representative, rather the volume relative to the size of the normal amount of processing. This can vary, depending on the industry sector. 

EXAMPLE: A small tech company in China sells various apps to their main customer base in the UK. They want to enter the EU market and have several online marketing campaigns to attract more customers. The company processes names, addresses, and payment information. As an exercise app, it also captures and stores health information. The company does not have an office or branch in either the EU or UK, but they currently have a UK GDPR Representative. They will now also need to appoint an EU GDPR Representative to act as a point of contact for EU authorities and customers. 

Special category data considerations: 

Special category data refers to a particular type of personal data that is considered more sensitive and requires higher levels of protection.

It is important to note that when it comes to handling special category data, like health records or clinical trial information, it is often necessary to appoint a GDPR Representative. This is usually because the processing involves large amounts of sensitive information.

However, according to Article 27 (2)(a) of the GDPR, if a non-EU/UK company processes EU/UK residents’ personal data infrequently, and this processing does not involve large volumes of sensitive data and is unlikely to pose a risk to the rights and freedoms of individuals, then the company is not obliged to appoint a GDPR Representative. This provision is significant for smaller or less data-intensive non-EU/UK organisations, as it reduces their compliance burden under the GDPR. 

Question 6: We engage a third-party company to handle some of our data processing activities that involve EU residents. Do we each need to appoint an EU GDPR Representative? 

Controllers and processors need to appoint a GDPR Representative if they are located outside these regions and process the personal data of EU or UK residents. 

If both the controller and processor are located outside the EU or UK, they will both need to appoint a suitable GDPR Representative.   

EXAMPLE: A tech company in the US provides data analysis for another US tech company, who sells marketing services to an insurance company in the Netherlands. Both tech companies are processing the data of EU residents. Therefore, under the GDPR, both companies will need to appoint an EU GDPR Representative. As the insurance company is based in the EU, they do not need to appoint one.  

It is important to note that a mechanism such as standard contractual clauses (SCCs) is required for international data transfers between controllers and processors, along with the necessary transfer risk assessment (TRA) or transfer impact assessment (TIA). 

Read about SCCs for data transfers 

Question 7: How does a GDPR Representative work with a data protection officer (DPO)? 

A GDPR Representative and Data Protection Officer (DPO) have distinct roles. 

Data protection officers work internally within organisations to inform, advise and monitor compliance with the GDPR. 

GDPR Representatives act on behalf of companies not based in the EU or UK and facilitate external communications as required. They are the official point of contact for data subjects and supervisory authorities and should communicate in the language of the request. 

The two roles can collaborate to ensure that data protection practices are effective and aligned with regulatory requirements. 

EXAMPLE: A UK-based insurance company sells products to customers in the UK and EU. The company has a DPO and an EU GDPR Representative. The DPO is responsible for monitoring and managing compliance with UK GDPR and EU GDPR, advising on data protection obligations and acting as a point of contact for UK data subjects and the UK’s Information Commissioner’s Office (ICO).  The EU GDPR Representative is the local point of contact for EU data subjects and each of the EU supervisory authorities. They handle any inquiries or complaints from EU customers and EU data protection authorities, and relay these to the DPO, liaising as required.  The DPO advises the company on how to handle any EU inquiries to ensure compliance with EU GDPR. The two roles are distinct and separate, although they work together when needed to ensure the company is compliant when processing EU personal data and no conflict of interest is created. 

In this example, the company has both a DPO and a GDPR Representative. For companies that do not have a DPO, the GDPR Representative would relay any inquiries or complaints from customers and data protection authorities directly to the company. 

Summary 

A GDPR Representative acts as a point of contact for data subjects and data protection authorities. There are two types – an EU GDPR Representative and a UK GDPR Representative. 

The requirement for an EU or UK GDPR Representative is the same for both data controllers and data processors that handle the personal data of EU or UK residents, respectively, and does not depend upon the size of the organisation, but more the volume of data processing. 

To summarise, a GDPR Representative will be required if: 

• An organisation is located outside the EU/UK, and does not have a local office 
• The personal data of EU or UK residents is being collected, stored or processed 
• The data processing is not occasional and is part of the business function 
• The data processing is related to the provision of goods or services, regardless of whether a payment is made 
• The data processing is related to the monitoring of behaviour of EU/UK residents 
• An organisation processes any special category data, even occasionally 

If your business is based outside the EU and you process the data of EU residents, you will need an EU GDPR Representative, unless you have a local establishment. The same applies if your business is based outside the UK and you process UK residents’ data – you will need a UK GDPR Representative. 

The DPO Centre can help with both EU and UK GDPR Representation

• Offices in Dublin and all 27 EU member states, as well as the UK
• The necessary ‘establishment’ details in the UK or any EU member-state to publish on your EU/UK facing privacy notice
• Access to one of the largest teams of experienced data protection professionals 
• Specialist advice line, providing assistance, recommended actions, and appropriate responses 
• Highly cost-effective solution 

We have worked with over 800 clients globally across the spectrum of industry sectors, supporting their data protection compliance and bringing peace of mind. 

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