Risk Mitigation

Data Protection
Impact Assessments (DPIA)

Navigate the complexities of Article 35 GDPR. Our senior legal engineers evaluate high-risk data processing—including AI, biometrics, and automated profiling—delivering actionable risk mitigation strategies that satisfy supervisory authorities.

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The Legal Mandate for DPIAs

Under the GDPR, innovation is encouraged but heavily regulated when it intersects with fundamental human rights. Article 35 GDPR shifts the paradigm from reactive breach management to proactive risk mitigation. Controllers are legally obliged to foresee, analyze, and neutralize risks before a single byte of data is processed.

Statutory Framework: Article 35 & Prior Consultation

Relevant Legal Provisions

  • Article 35(1): Data protection impact assessment
    "Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data."
  • Article 35(7): Minimum Content of the DPIA
    Must contain a systematic description of operations, necessity and proportionality assessment, risk assessment to the rights of data subjects, and measures envisaged to address the risks.
  • Article 36(1): Prior consultation
    If the DPIA indicates a high risk remains unmitigated, the controller must consult the supervisory authority prior to processing.

Our Methodology

Conducting a DPIA is a highly technical legal exercise. Our senior lawyers utilize methodologies endorsed by the EDPB and national authorities (e.g., CNIL's PIA framework).

  • Threshold Analysis: We first assess whether a formal DPIA is legally required using the EDPB's 9-factor criteria.
  • Necessity & Proportionality: We scrutinize the data lifecycle against Article 5 principles.
  • Risk Assessment: We quantify the severity and likelihood of harm to data subjects (e.g., discrimination, identity theft).
  • Mitigation Architecture: We design legal and technical safeguards (encryption, pseudonymisation, access controls) to reduce residual risk to acceptable levels.

Launching a High-Risk Tech Initiative?

Do not deploy without a defensive DPIA. Let our legal experts evaluate your architecture to prevent regulatory injunctions.

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Frequently Asked Questions

What is a DPIA and when is it required?

A Data Protection Impact Assessment (DPIA) is a formal risk assessment process under Article 35 GDPR. It is mandatory prior to processing whenever a type of processing—particularly using new technologies—is likely to result in a high risk to the rights and freedoms of natural persons.

What triggers the 'high risk' threshold under Article 35?

Article 35(3) specifically highlights: systematic and extensive evaluation of personal aspects based on automated processing (including profiling) producing legal effects; large-scale processing of special categories of data (Article 9); and systematic monitoring of a publicly accessible area on a large scale. The EDPB provides a 9-criteria test to further determine necessity.

Who is responsible for conducting the DPIA?

The Data Controller is legally responsible for ensuring the DPIA is conducted (Article 35(2)). However, they must seek the advice of the Data Protection Officer, where designated, and often rely on specialized legal counsel to execute the assessment rigorously.

How does a DPIA relate to the EU AI Act?

For AI systems, particularly 'High-Risk AI Systems' under the AI Act, fundamental rights impact assessments are required. A comprehensive DPIA integrates these requirements, evaluating both the data privacy risks (GDPR) and algorithmic/fundamental rights risks (AI Act) simultaneously.

What happens if a DPIA identifies unmitigated high risks?

If a DPIA indicates that processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk, Article 36 GDPR requires prior consultation with the supervisory authority before processing can commence.