Data Protection Officer Check: Assess DPO Appointment Obligation under GDPR and BDSG
Find out in just a few minutes whether your organization is required to appoint a Data Protection Officer — free and legally founded.
What is the DPO Appointment Check?
The DPO Appointment Check evaluates whether your organization is legally required to appoint a Data Protection Officer under Art. 37 GDPR and Section 38 BDSG. The analysis considers your industry, company size, and processing activities.
Based on Art. 37–39 GDPR and Section 38 BDSG
Industry-specific analysis
Clear yes/no answer with legal reasoning
Legal Basis
GDPR Art. 37 — Designation of a Data Protection Officer
Public bodies, organizations with large-scale systematic monitoring, or large-scale processing of special categories of data must appoint a DPO.
GDPR Art. 38–39 — Position and Tasks of the DPO
The Data Protection Officer must act independently, must not have conflicts of interest, and advises the organization on all data protection matters.
Section 38 BDSG — DPO for Non-Public Bodies
Non-public bodies with at least 20 persons constantly engaged in automated data processing must appoint a DPO.
How the Check Works
Select Your Industry
Choose your industry for a tailored DPO appointment obligation assessment.
Answer the Questions
Answer questions about your processing activities, company size, and data categories.
Get Your Results
Receive a clear assessment: obligation, recommended, or no obligation — with legal basis.
Your Benefits
Free & No Obligation
No hidden costs — your DPO appointment check is completely free.
Legally Founded
Assessment based on Art. 37 GDPR and Section 38 BDSG with specific legal references.
Industry-Specific
Considers industry-specific requirements such as Art. 9 GDPR in healthcare.
Instant Clarity
Clear answer in just a few minutes: obligation, recommended, or no appointment required.
Frequently Asked Questions
When must a Data Protection Officer be appointed?
An appointment obligation exists under Art. 37 GDPR for public bodies, organizations with large-scale systematic monitoring, or large-scale processing of special data categories. Under Section 38 BDSG, the obligation applies when 20 or more persons are engaged in automated data processing.
Is the check free?
Yes, the DPO Appointment Check is completely free and without obligation. You receive your assessment at no cost.
Can an internal employee serve as DPO?
Yes, both internal and external Data Protection Officers are permissible. An internal DPO must have the required expertise and must not have conflicts of interest (Art. 37(5), Art. 38(6) GDPR).
What happens if the appointment obligation is violated?
Violations of the appointment obligation can result in fines under Art. 83(4) GDPR of up to 10 million euros or 2% of annual worldwide turnover.
Does the check consider the Section 38 BDSG reform?
Yes, the check considers the current legal status including announced reforms to Section 38 BDSG. Changes are incorporated promptly.
Check Your DPO Obligation Now
Select your industry and begin the assessment