Tax advisors carry special responsibility when handling sensitive information. Beyond legal requirements, it’s crucial to protect client trust and avoid costly fines. This includes securing tax declarations, financial data, and health-related information.
An effective data protection strategy ensures that legal requirements are met in daily operations – for example, through secure document transfers and clearly defined access controls.
Not Required
Mandatory
No obligation
No legal requirement to appoint a DPO.
A DPO is legally required under the GDPR.
Criteria
Not required if fewer than 20 employees process personal data and the annual revenue is below €10 million.
Legally required if 20 or more employees process personal data or if the annual revenue exceeds €10 million.
Analysis of your firm and identification of weak points
Creation of data protection policies, ROPA, and processor agreements
Implementation of security measures and staff training
Regular audits, adjustments to legal changes, and expert advice
As a rule, the tax advisor is responsible for compliance with the GDPR. This also applies if the tax advisor processes the personal data on behalf of a third party, e.g. a company or a private individual. However, the tax advisor can be supported by an external data protection officer, such as the experts offered by heyData.
Tax consultants may only process personal data that is required to fulfill their professional duties. In particular, this includes data required to prepare tax returns, to audit annual financial statements and to advise clients.
Tax advisors must provide clients with comprehensive information about the processing of their personal data. To this end, they must provide clients with the following information in particular:
Tax advisors must guarantee clients the rights provided for in the GDPR. In particular, this includes the right to information, rectification, erasure, restriction of processing, objection and data portability.
When transferring personal data to third countries, tax advisors must ensure that there is an adequate level of protection for the data. This can be achieved by means of a contractual agreement with the recipient of the data or by applying a legal system in the third country that is comparable to the EU level of data protection.
In the event of breaches of the GDPR, tax advisors must inform the competent supervisory authorities. In some cases, they must also inform the data subjects.
Severe sanctions can be imposed for violations of the GDPR. For example, a fine of up to 20 million euros or 4% of the company's global annual turnover can be imposed.