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RGPD

Article 38

Position of the data protection officer

1.   The controller and the processor shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of personal data.

2.   The controller and processor shall support the data protection officer in performing the tasks referred to in Article 39 by providing resources necessary to carry out those tasks and access to personal data and processing operations, and to maintain his or her expert knowledge.

3.   The controller and processor shall ensure that the data protection officer does not receive any instructions regarding the exercise of those tasks. He or she shall not be dismissed or penalised by the controller or the processor for performing his tasks. The data protection officer shall directly report to the highest management level of the controller or the processor.

4.   Data subjects may contact the data protection officer with regard to all issues related to processing of their personal data and to the exercise of their rights under this Regulation.

5.   The data protection officer shall be bound by secrecy or confidentiality concerning the performance of his or her tasks, in accordance with Union or Member State law.

6.   The data protection officer may fulfil other tasks and duties. The controller or processor shall ensure that any such tasks and duties do not result in a conflict of interests.

Common Questions

Frequently Asked Questions

What support must the controller and processor give the data protection officer?

They must ensure the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of personal data.

They must also support the officer in performing the tasks referred to in Article 39 by providing the resources necessary to carry out those tasks, access to personal data and processing operations, and the means to maintain his or her expert knowledge.

How does Article 38 protect the independence of the data protection officer?

The controller and processor must ensure the officer receives no instructions regarding the exercise of those tasks, and he or she may not be dismissed or penalised by the controller or the processor for performing them.

On top of that, the data protection officer reports directly to the highest management level of the controller or the processor, not to a middle layer.

Can data subjects contact the data protection officer directly?

Yes. Data subjects may contact the data protection officer with regard to all issues related to the processing of their personal data and to the exercise of their rights under the Regulation.

The officer is bound by secrecy or confidentiality concerning the performance of his or her tasks, in accordance with Union or Member State law.

Can the data protection officer hold other roles or tasks in the organisation?
Yes, the data protection officer may fulfil other tasks and duties. The condition is that the controller or processor must ensure that any such tasks and duties do not result in a conflict of interests.
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