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A Data Protection Impact Assessment (DPIA), also known as a data protection impact assessment, is a structured process that identifies privacy risks from a processing of personal data in advance. This allows an organization to take appropriate and timely measures to mitigate these risks and demonstrate compliance with the accountability requirements of the General Data Protection Regulation (GDPR).
A DPIA describes the nature, scope, context and purposes of the processing, assesses its necessity and proportionality, identifies possible risks to the rights and freedoms of data subjects and establishes technical and organizational measures to minimize those risks. Documenting both the methodology followed and the outcomes is essential, because the Autoriteit Persoonsgegevens (AP) can request it.
Under the AVG (Article 35), a DPIA is mandatory for processing operations that are likely to pose a high privacy risk . Think of large-scale processing of special personal data, systematic monitoring of (large groups of) data subjects, or automated decision-making with major impact.
The AP has established a list of mandatory DPIA situations for this purpose ; the European Data Protection Board (EDPB) has formulated additional criteria that member states can use.
Since 2023, DPIAs have been specifically addressed at:
AI applications, including profiling and predictive algorithms.
Chain processing of data (e.g., government data platforms or sector-wide registries).
Cross-border data exchange between EU member states and third countries.
Non-compliance with the DPIA obligation can result in high fines: up to €10 million or 2% of global annual turnover, whichever is higher. In the AP fine policy rules, the base fine for failing to conduct a mandatory DPIA is €310,000, but in recent enforcement practice, the fine amount is tailored to severity and duration of the violation.
A DPIA gives organizations:
Insight into (privacy) risks of processes in which personal data are processed.
Grip on protecting the interests of those involved as well as one's own organization.
Compliance evidence toward regulators and stakeholders.
This helps prevent incidents from leading to reputational damage, sanctions or disrupted cooperation with partners. Increasingly, a DPIA is also a tool for data protection by design and data ethics - providing not only legal but also social accountability.
A DPIA is required by law for high-risk processing operations, but is also recommended for complex or innovative processing operations, even those not explicitly covered by the mandatory list. The assessment can be done in three steps:
Consult Article 35(3) AVG (high risk criteria).
View the AP list processing operations for which a DPIA is required.
Apply the EDPB criteria Apply for addition of potentially high risk processing operations.
A good DPIA includes:
Description of the processing and its purpose.
Necessity and proportionality analysis.
Risk analysis for the rights and freedoms of data subjects.
Established measures to mitigate risks.
PDCA cycle for ongoing compliance.
Get hands-on with DPIAs? Check out our (online) learning offerings:
Handbook of DPIAs, available in our bookshop
E-learning DPIA (receive the DPIA handbook for free), see course agenda
Practice day DPIA (receive the DPIAs handbook for free), see course agenda
The DPIA Handbook is also available digitally when purchasing a Data&Privacyweb PRO membership. This gives you access to all Data&Privacyweb digital books and case law.
With the Data&Privacyweb Expert membership you get access to the digital version of the Handbook DPIA and to the E-learning DPIA. You can then also attend the practical day for free.
