It makes no immediate difference whether an organization’s data protection is monitored by an internal or external data protection officer. When choosing the right person, different aspects have to be considered.

The comparison

EXTERNAL

INTERNAL

Costs of education and training
we wear
is borne by the employer
Cost of legal literature
we wear
is borne by the employer
Organization of a proxy
we wear
is borne by the employer
liability
third-party liability
employer liability
view of the company
neutral and objective
subjective influence
Cost transparency and cost certainty
contractual prices
opaque due to several accruing items
Cross-divisional and cross-industry knowledge
we bring with us
difficult long-term maintenance

Bound or Unbound

It makes no immediate difference whether an organization’s data protection is monitored by an internal or external data protection officer. When choosing the right person, different aspects have to be considered.

Protection against dismissal or not?

A main difference lies in the protection against dismissal. Termination of the internal data protection officer during the current appointment is not permitted, § 4f paragraph 3 sentence 5 BDSG. After his dismissal, he enjoys a notice period of one year, § 4f paragraph 3 sentence 6 BDSG.

The external representative is not subject to any special protection against dismissal.

If a data protection officer is not appointed when an order is required, a fine may be imposed.

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