🇪🇺GDPR Art35medium

Data protection impact assessment

Description

A DPIA must be conducted when processing is likely to result in high risk to data subjects.

⚠️ Risk Impact

High-risk processing without DPIA assessment violates GDPR requirements.

🔧 Remediation

Conduct DPIAs for new processing activities. Use EchelonGraph compliance scoring to assess risk levels.

💀 Real-World Attack Scenario

A tech company launched an AI-powered employee monitoring tool in the EU without conducting a DPIA. The tool tracked keystrokes, screen activity, and email content. A whistleblower complaint to the DPA revealed no DPIA had been performed. The DPA ordered immediate cessation of processing and imposed a €3.4M fine.

💰 Cost of Non-Compliance

Clearview AI 2022: €20M fine in multiple EU countries for high-risk processing without DPIA. Average Art 35 violation fine: €2.5M. DPA can order complete cessation of processing.

📋 Audit Questions

  • 1.Which processing activities have undergone DPIA?
  • 2.How do you determine which activities require a DPIA?
  • 3.Show a completed DPIA for your highest-risk processing activity.
  • 4.How are DPIA findings tracked and remediated?

⚡ Common Pitfalls

  • Not recognizing when processing is 'high risk' (profiling, large-scale monitoring, sensitive data)
  • Conducting a DPIA as a one-time exercise instead of ongoing review
  • DPIA completed but findings not addressed or remediated

📈 Business Value

DPIAs demonstrate proactive privacy governance and prevent enforcement actions before they occur. They're increasingly required for enterprise procurement and B2B sales in the EU.

⏱️ Effort Estimate

Manual

16-40 hours per DPIA for complex processing activities

With EchelonGraph

EchelonGraph provides compliance scoring to help identify high-risk processing activities

🔗 Cross-Framework References

ISO27001-A.8.25

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