Imagine this: A DPO prioritizes being seen as an "Enabler" over ensuring strict adherence to data protection laws. Consent banners are half-baked, cookies load without permission, and personal data flows to third parties unchecked. The result? A compliance failure waiting to happen.
Sounds far-fetched? Perhaps. But too often, the narrative around Data Protection Officers (DPOs) veers dangerously close to this scenario. With more than 70% of all websites in the EU being non-compliant on data collection it also seems to be a problem that has to be addressed. It's time we set the record straight: technical compliance is not up for debate.
The DPO: Enforcer vs. Enabler
In an effort to be “helpful,” some DPOs lean into the role of an enabler, offering half-measures they hope will keep everyone happy. But a DPO’s responsibility isn’t to accommodate non-compliance—it’s to ensure lawful, transparent, and secure data practices. While constructive collaboration is vital for bridging the gap between business objectives and legal mandates, regulations like the GDPR and ePrivacy Directive leave little room for interpretation: pre-loading cookies without consent or bypassing explicit consent mechanisms is simply against the rules.
Saying “no” to questionable data practices isn’t about being a roadblock; it’s about safeguarding the organization and its users by clearly explaining the “why” behind each requirement and offering workable, compliant solutions where possible.
The Myth of the ‘Compliance Dictator’
Firm compliance doesn’t require a crown or barking orders. Effective DPOs not only understand the law but also communicate it in practical, approachable terms, translating complex requirements into actionable strategies that balance legal obligations with business goals. It’s not about fearmongering; it’s about grounding decisions in evidence, legal texts, and technical assessments—and collaborating with teams to explain why each measure matters.
Article 5(3) of the ePrivacy Directive demands explicit consent for tracking; there’s no subjective interpretation here—it’s a requirement for clear, verifiable user consent. Technical audits and scans (e.g., AesirX Privacy Scanner) help pinpoint whether cookies, beacons, or pixel trackers load prematurely or data is shared without proper notices, giving DPOs concrete insights to guide discussions and ensure stakeholders grasp the importance of verifiable compliance.
Compliance is a Science, Not an Opinion
When the law says data processing requires user consent, it’s not requesting your opinion—it’s directing you to demonstrate, document, and sustain compliance. A DPO who relies on hunches or quick fixes does a disservice to their organization. Instead, a DPO who marries data-backed assessments with transparent consent flows—and communicates the why behind each measure—builds trust across teams and ensures ongoing regulatory alignment.
Remember: If compliance feels like guesswork, it’s not really compliance.
From Burden to Trust Building
Organizations that embrace a rigorous, technically sound approach to privacy transform it from a mere checkbox exercise into a cornerstone of user trust. By insisting on proper documentation, verified consent mechanisms, and robust accountability—and explaining why these measures matter across departments—DPOs act as both protectors and enablers of genuine innovation.
Final Thoughts
The true DPO role is less about policing and more about enabling compliant growth. It’s the difference between guesswork and valid, demonstrable adherence to privacy laws. Don’t reduce compliance to an opinion; treat it like the essential, data-driven mandate it is—and ensure teams understand why it matters, so they partner with you rather than resist.
Are you content with “half-baked” compliance? Or are you prepared to lead through technical precision, ensuring every step aligns with both the letter and the spirit of the law? The choice is yours, but remember: compliance isn’t an opinion—it’s a mandate.
Ronni K. Gothard Christiansen // VikingTechGuy
Creator, AesirX.io
Concerned about your website’s compliance?
Does your site collect data or share it with third parties before obtaining valid user consent? The AesirX Privacy Scanner is a free privacy tool that identifies potential GDPR and ePrivacy Directive violations, enabling you to address them proactively.
