A DPIA is not just a one-time report—it is an ongoing process that should begin early in a new data processing activity and continue throughout its lifecycle.
When Should a DPIA Be Reviewed or Updated?
GDPR Article 35(11) requires a DPIA to be reviewed and updated whenever there is a change in risk related to processing activities. Risk changes can stem from:
- Organizational changes (e.g., mergers, policy shifts).
- Legal or regulatory updates (e.g., new data protection laws).
- Technical developments (e.g., new security threats, software updates).
Guidance from Authorities
- WP29 adds that DPIAs should be reviewed “regularly” and “periodically” but does not define a timeframe.
- CNIL (France) & Slovenian SA: Maximum 3-year review period to ensure risks remain acceptable.
- Dutch Autoriteit Persoonsgegevens: Suggests 3 years as an example of an appropriate review cycle.
- Finnish SA: Emphasizes ongoing monitoring of risk levels after processing begins.
- Luxembourg SA: Focuses on risk increases as a primary trigger for a DPIA update.
Key Takeaways
- DPIAs must be updated when risks change—this includes legal, technical, or operational shifts.
- There is no fixed review period in GDPR, but some regulators recommend a maximum of three years.
- Continuous monitoring is essential to ensure ongoing compliance and risk management.
By regularly reviewing and updating DPIAs, organizations can maintain compliance, manage risks effectively, and adapt to evolving data protection challenges.