learn-gdpr-with-phoebe / Practitioner session 5 of 8
Learn GDPR with Phoebe · Practitioner track · Session 5 of 8

Records and the DPIA

Two documents do most of the GDPR's paperwork. The record of processing (Article 30) is the inventory every other obligation reads from - what data you hold, why, and where it goes. The data protection impact assessment (Article 35) is the pre-flight check for anything high-risk. This session builds both for Lumina, and dismantles the myth that a small company is exempt from keeping records.

🟠 Practitioner track DPOs · ops · engineering No jargon Hands-on
0-3 · Welcome 3-18 · Concepts 18-40 · Build-along 40-45 · Q&A
Part 0

The inventory everything else reads from

Almost every GDPR task you have learned - answering a DSAR, mapping transfers, responding to a breach - starts with the same question: what data do we hold, and where? The record of processing is where that lives. It is the least glamorous artifact and the most load-bearing: build it once and every other obligation gets faster. The DPIA is its forward-looking cousin: before you launch something risky, you assess the risk on paper first.

Read this first Educational, not legal advice. Verify against the Regulation text and get advice for real DPIAs.
Live - presented in session Self-study - full depth after class ★ Try it now Sources covered at the end
★ What you build today A record-of-processing entry you can replicate across your systems, the truth about the "small company" exemption, the test for when a DPIA is required, and Lumina's first records plus a DPIA call on a new feature.
Part 1 · covers Article 30

The record of processing 7 min live

A record of processing (often called a ROPA) is a structured list: for each processing activity, what data, why, who gets it, where it goes, and how long you keep it. Both controllers and processors must keep one.

One row per processing activity - e.g. "customer accounts" Purpose Data categories Recipients Transfers Retention Lawful basis The ROPA is the master inventory - a DSAR search, a transfer map, and a breach scope all read from it.
🔍 Click to zoom - a record-of-processing entry
LiveThe "small company is exempt" myth3 min▶

Article 30(5) seems to exempt organisations with fewer than 250 employees - and teams stop reading there. But the exemption falls away if any one of three things is true, and one almost always is:

  • the processing is likely to result in a risk to people's rights; or
  • the processing is not occasional (i.e. it is regular, routine - which a customer database is); or
  • it includes special-category or criminal data.

Because "not occasional" catches any regular business processing, the exemption almost never applies to a real operating company. Treat records as required, and the exemption as a rare edge case.

★ Try it now (any chat AI)Explain the GDPR Article 30 record-of-processing obligation and its under-250-employees exemption - including the three carve-outs that usually cancel the exemption for a normal business. Then list the fields a good record entry should contain.
LiveWhy the ROPA pays for itself3 min▶
  • DSARs get fast: "where does this person's data live" is answered by the ROPA, not by asking around.
  • Transfers get visible: the transfers column is your cross-border map from session a6/b6.
  • Breaches get scoped: when something leaks, the ROPA tells you what was in the affected system and whose data it held.
  • It is the accountability evidence: Article 5(2) says you must be able to demonstrate compliance - the ROPA is a large part of that demonstration.
Real world

Lumina builds its ROPA. Lumina, well under 250 employees, assumed it was exempt - until it hit the "not occasional" carve-out (its processing is continuous). It built a ROPA with rows for accounts, billing, support, and analytics. The first payoff came a week later: a DSAR that used to mean a scramble was answered by reading four rows.

Part 2 · covers Article 35

When you need a DPIA 8 min live

A DPIA is a structured risk assessment you run before starting a high-risk processing activity. The trick is knowing when it is required - the GDPR gives a general test plus three clear examples.

Likely HIGH risk?then a DPIA is required Example 1 · systematic extensive profiling with legal/significant effects Example 2 · large-scale special-category or criminal data Example 3 · large-scale systematic monitoring of a public area Do the DPIA BEFORE the processing starts - it is a pre-flight check, not a post-mortem.
🔍 Click to zoom - the DPIA trigger and its three examples
LiveThe trigger test3 min▶
  • General rule: a DPIA is required where processing is likely to result in a high risk to people's rights and freedoms - especially with new technologies.
  • Three mandatory examples (Art 35(3)): systematic and extensive profiling by automated means with legal or similarly significant effects; large-scale processing of special-category or criminal data; large-scale systematic monitoring of a publicly accessible area.
  • Timing: before you start the processing. A DPIA done after launch is just documentation of a risk you already took.
  • What it contains: a description of the processing, an assessment of necessity and proportionality, the risks to individuals, and the measures to mitigate them.
Self-studyThe DPIA as a design tool, not a form2 min read▶

It is tempting to treat the DPIA as a compliance form you fill in to get sign-off. Done well, it is a design tool that changes what you build. Because it forces you to state the risk to individuals and the measures that reduce it before you ship, it surfaces the "do we even need to collect that?" question at the point where the answer is still cheap to act on. A profiling feature that looked fine in a product spec often looks different once a DPIA makes you write down what happens to someone the model gets wrong. For a Singapore company, the DPIA also doubles as useful evidence under the PDPA's accountability expectations - the same assessment that satisfies Article 35 shows you thought about risk before processing, which is exactly what a regulator on either side wants to see. Run it early, let it change the design, and keep it.

Build-along · take it further

Draft Lumina's records + a DPIA call ★ 10 min · pen and paper

Build the two artifacts on the running case.

Three ROPA rows. For Lumina's accounts, analytics, and support, fill the fields: purpose, data categories, recipients, transfers, retention, lawful basis.

Check the exemption. Confirm Lumina cannot rely on the under-250 exemption (its processing is "not occasional"). Write the one-line reason.

The DPIA call. Lumina plans a feature that profiles users to auto-decide their pricing tier. Run the trigger test - does it need a DPIA? (Automated profiling with a significant effect - yes.)

Sketch the DPIA. In four lines: the processing, its necessity, the risk to a mis-profiled user, and one mitigation (e.g. a human-review option).

★ Lumina after b5 Lumina has a living record of processing and a DPIA habit for risky features. That inventory is exactly what the next session needs: b6 reads the transfers column to fix Lumina's cross-border flows properly.
Homework

Before session b6 ◐ 40 min total

Source material

Official sources covered

Taught from the GDPR text. This page covers ~80% of the working content on records and DPIAs.

✓GDPR Article 30 (records of processing)Part 1 · the fields + the 250-employee carve-outs
✓GDPR Article 35 (DPIA)Part 2 · the high-risk trigger + three mandatory examples
◐GDPR Article 5(2) (accountability)Part 1 · records as the "demonstrate compliance" evidence
Check yourself

Three questions before you go 🎯 ◐ 90 seconds

1 · Your company has 40 employees. Are you exempt from keeping a record of processing?

Article 30(5)'s under-250 exemption is cancelled by any of three carve-outs; "not occasional" (regular processing) catches nearly every operating business, so records are effectively required.

2 · A DPIA is required when processing is...

Article 35: a DPIA is needed for high-risk processing, with three mandatory examples including systematic extensive profiling with significant effects and large-scale special-category data.

3 · When should a DPIA be carried out?

A DPIA is done before the high-risk processing begins, so it can actually change the design. Done after launch, it merely records a risk already taken.

Practitioner session 5 cheat sheet · pin this

Record of processingOne row per activity: purpose, data categories, recipients, transfers, retention, lawful basis.
Controllers AND processorsBoth must keep records (Art 30(1) and 30(2)).
The exemption mythUnder-250 exemption dies if processing risks rights, is "not occasional", or is special-category. Almost always cancelled.
The ROPA pays offIt powers DSAR search, the transfer map, breach scoping, and accountability evidence.
DPIA triggerHigh-risk processing. Three examples: profiling with significant effects, large-scale special data, large-scale public monitoring.
DPIA timingBefore you start - it is a pre-flight check, not a post-mortem.
DPIA contentsDescribe the processing, assess necessity, identify risks, set mitigations.
Both are evidenceArticle 5(2) accountability: you must be able to demonstrate compliance. These are how.