The most important consideration when establishing a data privacy program is defining the organization's role as a controller or processor. These roles, as outlined in privacy regulations such as the General Data Protection Regulation (GDPR), determine the responsibilities regarding the handling of personal data. A controller is responsible for determining the purpose and means of data processing, while a processor acts on behalf of the controller. This distinction is crucial for compliance with data privacy laws.
Reporting structure for the data privacy officer is important, but it is a secondary consideration compared to legal roles.
Request process for data subject access is essential for compliance but still depends on the organization's role as controller or processor.
Physical location of the company can affect jurisdiction, but the role as controller or processor has a broader and more immediate impact.