Article 38

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Government

5 • 1 Ratings

🗓️ 26 March 2021

⏱️ 2 minutes

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0:00.0	Article 38. Position of the Data Protection Officer.
0:07.8	1. The controller and the processor shall ensure that the data protection officer is involved,
0:13.4	properly and in a timely manner, in all issues which relate to the protection of personal data.
0:18.8	2. The controller and processor shall support the data protection
0:22.8	officer in performing the tasks referred to an Article 39 by providing resources necessary
0:28.1	to carry out those tasks and access to personal data and processing operations, and to maintain
0:33.5	his or her expert knowledge. Three, The controller and processor shall ensure that the data
0:39.4	protection officer does not receive any instructions regarding the exercise of those tasks.
0:44.9	He or she shall not be dismissed or penalized by the controller or the processor for performing
0:49.5	his tasks. The data protection officer shall directly report to the highest management level of the
0:55.0	controller or the processor.
0:57.4	4. Data subjects may contact the data protection officer with regard to all issues related
1:02.8	to processing of their personal data and to the exercise of their rights under this
1:06.9	regulation.
1:08.5	5. The data protection officer shall be bound by secrecy or confidentiality
1:13.4	concerning the performance of his or her tasks, in accordance with union or member state law.
1:19.2	6. The data protection officer may fulfill other tasks and duties. The controller or
1:25.0	processor shall ensure that any such tasks and duties do not result in a conflict of interests.

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