Interplay between the GDPR Articles 25 (‘Data protection by design’, DPbD) and 35 (DPIA).


One is not a ‘special case’ of another as it may seem prima facie. The KEY consideration here is that DPIA is conducted prior to rolling out new projects implying data processing operations posing a high risk and thus tailored specifically to them. In contrast, DPbD comes into play at the very earliest stage of the lifecycle of a data controller and applies to every processing activity (not only those posing a high risk), including core ones.

Similarly, DPIA may just say whether the particular processing is in line with the controller’s privacy policy in the context of the project at issue, but it will not evaluate this policy’s content, etc.

This leads to a clear understanding that DPIA is not a substitution for DPbD and, hence, may not be the answer.

Further to this, it should also be noted that DPbD has recently received an increased attention from EDPB (see Guidelines 4/2019) and national watchdogs in Romania, Greece and Germany issuing fines for non-compliance with Article 25.

More to read on this – in an article from IAPP authors (see below)

https://iapp.org/news/a/privacy-by-design-gdprs-sleeping-giant/

One thought on “Interplay between the GDPR Articles 25 (‘Data protection by design’, DPbD) and 35 (DPIA).

  1. I agree Konstantin. This article is confusing, not sure the author himself understands the significance of Article 25 vs. Article 35. He is mixing up. A DPIA is one, and only one, of the tools to use in order to achieve Data Protection by Design by Default. The interchangeability on the use of Privacy by Design vs. Data Protection by Design by Default is also indicative that the author doesn’t really get it.

    Liked by 1 person

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.