DPOs and Notification Requirements
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DPOs and Notification Requirements Start Comparison
Is the concept of data protection officer (DPO) recognized in the jurisdiction?

Last review date: 31 December 2024

Yes.

Are there circumstances in which it is mandatory to appoint a DPO or similar position?

Yes.

If yes, under what circumstances?

☒        the processing is carried out by a public authority or body, except for courts acting in their judicial capacity
☒        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
☒        the core activities of the controller or the processor consist of processing on a large scale of special categories of data

Where a DPO is appointed, does the DPO have to meet specific requirements?

Last review date: 31 December 2024

Yes.

If yes, what are these requirements?

☒ other professional qualifications / experience

☒ other

Pursuant to Article 37(5) of the GDPR, the DPO must be designated on the basis of professional qualities and expert knowledge of data protection laws and practices and the ability to fulfil the tasks. Furthermore, the DPO must be independent and cannot have conflicts of interest. For instance, the DPO cannot hold a position in which he or she defines the purposes of the processing of personal data. Nevertheless, the required level of qualifications or experience has not been strictly defined.

 

Are there obligations to notify, submit filings to, register with or obtain approval from local data protection authorities to collect and/or process personal data generally?

Last review date: 31 December 2024

No.