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RGPD

Article 37

Designation of the data protection officer

1.   The controller and the processor shall designate a data protection officer in any case where:

(a)

the processing is carried out by a public authority or body, except for courts acting in their judicial capacity;

(b)

the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects on a large scale; or

(c)

the core activities of the controller or the processor consist of processing on a large scale of special categories of data pursuant to Article 9 and personal data relating to criminal convictions and offences referred to in Article 10.

2.   A group of undertakings may appoint a single data protection officer provided that a data protection officer is easily accessible from each establishment.

3.   Where the controller or the processor is a public authority or body, a single data protection officer may be designated for several such authorities or bodies, taking account of their organisational structure and size.

4.   In cases other than those referred to in paragraph 1, the controller or processor or associations and other bodies representing categories of controllers or processors may or, where required by Union or Member State law shall, designate a data protection officer. The data protection officer may act for such associations and other bodies representing controllers or processors.

5.   The data protection officer shall be designated on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and the ability to fulfil the tasks referred to in Article 39.

6.   The data protection officer may be a staff member of the controller or processor, or fulfil the tasks on the basis of a service contract.

7.   The controller or the processor shall publish the contact details of the data protection officer and communicate them to the supervisory authority.

Common Questions

Frequently Asked Questions

When is a company required to appoint a data protection officer?

Appointing a DPO is mandatory in three cases: when the processing is carried out by a public authority or body (except courts acting in their judicial capacity), when your core activities require regular and systematic monitoring of people on a large scale, and when your core activities consist of large-scale processing of special categories of data or data about criminal convictions.

Outside those cases the appointment is voluntary, unless the law of your EU country requires one anyway.

Can several companies share one data protection officer?
Yes. A group of undertakings may appoint a single DPO, as long as that person is easily accessible from each establishment. Public authorities and bodies can also share one DPO across several organisations, taking their structure and size into account.
What qualifications does a data protection officer need?
The DPO is chosen on the basis of professional qualities, in particular expert knowledge of data protection law and practice, and the ability to fulfil the tasks listed in Article 39. The role can be filled by an employee or by an external person working under a service contract.
Do we have to publish the DPO's contact details?
Yes. You must publish the contact details of your data protection officer and communicate them to your supervisory authority. The point is that both the people whose data you process and the authority can reach the DPO directly and easily.