DPO’s position status independence, Lecture 1

DPO’s position, status, independence

DPOs are not personally responsible in case of non-compliance with the GDPR. The GDPR makes it clear that it is the controller or the processor who is required to ensure and to be able to demonstrate that the processing is performed in accordance with its provisions (Article 24(1)). Data protection compliance is a responsibility of the controller or the processor. The organisation must involve the DPO in a timely manner. The DPO must not receive any instructions from the controller or processor for the exercise of their tasks. The DPO reports directly to the highest level of management of the organisation. The data protection officer may fulfil other tasks and duties. However it is crucial or the controller or processor to ensure that any such tasks and duties do not result in a conflict of interests.