DESIGNATION OF THE DATA PROTECTION OFFICER

The figure of Data Protection Officer (DPO) try to control in the company, assuming different functions of supervision, management and compliance with the Program that has been implemented in the company in relation to the protection of personal data. Also, its destination is not mandatory for any company, but it must meet certain specific aspects.

The mission of a Data Protection Officer or DPO is to ensure that the body that appointed him or her complies with the legal framework relating to personal data. The function of Data Protection Officer (DPO) is a key element of co-regulation, through practice. The designation of the data protection officer is according to article 37 of the GDPR:

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

  1. The processing is carried out by a public authority or body, except for courts acting in their judicial capacity.
  1. 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
  1. 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 or 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. 2The 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.

In addition, those Data Controller and Data Processor not included in the preceding paragraph may voluntarily designate a data protection delegate who will be subject to the regime established in Regulation (EU) 2016/679 or GDPR.

GDPR for Businesses

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