Unadhi Guides

Do your AI tools mean you need a data protection officer? A GDPR Article 37 check sheet for small businesses

Updated 24 Oct 2026 · Disclosure: the EURO AI Register mentioned below is an Unadhi product with a free edition. This guide is for information only, not legal advice.

What you get: a finished DPO check sheet: a six-question test from Article 37 GDPR and the official DPO guidelines, an 8-column sheet with one row per AI tool and a result formula, a German add-on for Section 38 BDSG, three filled example rows, and a one-paragraph decision record to keep with your records. Copy the tables into a spreadsheet and you are done in about 20 minutes.

Short answer: using an AI tool does not by itself mean you need a data protection officer. You need one when a core activity monitors people regularly and systematically on a large scale, or processes health or criminal-offence data on a large scale, or when national law (for example Germany's) says so.

Step 1: the six-question test

QuestionSourceAnswer
1. Are you a public authority or body (courts acting in their judicial capacity excepted)?Art. 37(1)(a)Y / N
2. Is the AI tool part of a core activity: a key operation you need to reach your business goals, or processing that is an inextricable part of it? Payroll, standard IT support and office productivity are usually ancillary.Art. 37(1)(b)–(c); Recital 97; WP243 section 2.1.2Y / N
3. Does that activity involve regular and systematic monitoring of people? Examples in the guidelines: email retargeting, data-driven marketing, profiling and scoring for risk assessment (credit scoring, insurance premiums, fraud prevention, anti-money-laundering), location tracking by apps, loyalty programmes, behavioural advertising, wellness and health data from wearables, CCTV, connected devices.Art. 37(1)(b); WP243 section 2.1.4Y / N
4. Does it involve health or other special category data (Article 9) or data on criminal convictions and offences (Article 10)?Art. 37(1)(c)Y / N
5. Is it on a large scale? Weigh the number of people (or share of the relevant population), the volume and range of data, how long it runs, and the geographic reach. Not large scale: patient data held by an individual physician, conviction data held by an individual lawyer.WP243 section 2.1.3; Recital 91Y / N
6. Does national law add a case? In Germany: at least 20 persons constantly dealing with automated processing, or any processing that needs a DPIA, or commercial processing for transfer or market or opinion research.Art. 37(4); Section 38(1) BDSGY / N

Read it this way: Q1 yes, or Q2 and Q3 and Q5 yes, or Q2 and Q4 and Q5 yes, or Q6 yes means a DPO is required. Anything else means not required by law, and you write down why.

Step 2: the check sheet (one row per AI tool)

ColumnWhat to writeWhy
A. AI tool and what it is used for[tool, provider] · [e.g. scores leads for the sales team]Your AI register entry
B. Core or ancillary?Core / Ancillary · one line whyQ2
C. Monitoring?Y / N · which kind [retargeting, scoring, tracking, profiling]Q3
D. Special category or criminal data?Y / N · which [health, biometric, convictions]Q4
E. Scale[number of people] · [countries] · [runs since / continuous] → Large / Not large / UnsureQ5
F. National add-onCountry · Germany: persons constantly on automated processing [n]; DPIA needed Y / N; market research or data trading Y / N → Required / Not requiredQ6
G. Result=IF(OR(AND(B2="Core",C2="Y",E2="Large"),AND(B2="Core",D2="Y",E2="Large"),F2="Required"),"DPO required",IF(E2="Unsure","Ask adviser","Not required: record why"))Art. 37(1) and (4)
H. Decided by, date, review date[role] · [dd/mm/yyyy] · review when the tool, the use or the volume changesWP243: document the internal analysis; Art. 5(2) accountability

Three filled example rows (made-up businesses)

Step 3: the decision record (fill in and keep)

If the answer is yes

If you appoint a DPO voluntarily, the guidelines say the same Article 37 to 39 rules apply to that person. If you would rather not, you can still name a privacy contact without calling them a DPO.

Do this week

This sheet is a working aid, not a legal opinion or proof of compliance. References are to Regulation (EU) 2016/679 (Articles 5(2), 9, 10, 35, 37, 38, 39, Recitals 91 and 97), the Article 29 Working Party Guidelines on Data Protection Officers (WP243 rev.01, endorsed by the EDPB), and Section 38 BDSG as published in English on gesetze-im-internet.de (check the current German text). Other Member States may have their own rules. Checked on 24 October 2026. Spot an error in this guide? Write to mininglife7@gmail.com.

For accountants and tax advisers

Clients often ask "do we need a DPO now that we use AI?". Hand them this sheet with their client AI inventory so the answer is written down. Stay inside your professional rules and refer legal questions on.

Keep the answer next to your AI register

The EURO AI Register free edition runs in your browser with no account and no upload. It covers your first 10 AI systems and 10 evidence records, the screening questions, duties by role with dates, and a printable Article 4 AI-literacy record. List each AI tool once and keep this decision record as an evidence record.

When you need more than 10 systems, the EURO AI Register membership starts at $19 a month and adds unlimited systems, rule updates and email help. Neither tool is legal advice or proof of compliance.

Partner programme opening soon

Partner programme opening soon: join the free waitlist. Planned terms are 50% of each referred sale (75% once you have 5+ paying customers), single level, paid through Gumroad only from revenue received.

Free start: list your AI tools in the EURO AI Register free edition, then add this sheet. Related: DPIA screening sheet · Article 22 decision sheet · Article 30 records · Article 32 access and security.

Sources

← All guides

Unadhi Guides are free, independent explainers. We correct errors as soon as we find them: write to mininglife7@gmail.com.