Who can be designated as a data protection officer and his tasks
The processing of huge amount or personal data by companies is among the results of the digitization in the business environment in today’s world. As organisations process a huge amount of personal data, the need for a Data Protection Officer (“DPO”) has never been greater.
In accordance with the Regulation (EU) 2016/679 (“GDPR”), it is mandatory in certain cases for organisations to designate a DPO. This is the case for all public authorities and bodies and for other organisations that their core activity is the monitoring of natural persons systematically and on a large scale or the processing of special categories of personal data on a large scale.
Even when the GDPR does not specifically require the appointment of a DPO, organisations may sometimes find it useful to designate a DPO on a voluntary basis. What is more, nothing prevents an organisation, which is not legally required to designate a DPO and does not wish to designate a DPO on a voluntary basis to nevertheless employ staff or outside consultants with tasks relating to the protection of personal data.
Upon the designation of a DPO, the organisation must ensure that the DPO is involved, properly and in a timely manner, in all issues which relate to the protection of personal data that the organisation processes. In addition, the organisation must provide all the necessary resources to the DPO in order to be able to carry out the DPO’s tasks effectively.
The DPO of an organisation shall directly report to the highest management level of the organisation and must not receive any instructions regarding the exercise of the DPO’s tasks.
Who can be designated as a Data Protection Officer?
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