• Courses
      • Global Series of National Privacy Laws
      • Netherlands Privacy Academy (in Dutch)
      • Caribbean Privacy Academy (in Dutch)
    • Resources
    • Join GADPPRO ACADEMY
      • Join GADPPRO Academy as an Official Partner
      • Become an Official GADPPRO Training Entity
      • Join the GADPPRO Business Academy
      • Secretariat & International Training Centre
      • Contact Us
    •  
      • RegisterLog in
    Privacad GADPPRO Academy
      • Courses
        • Global Series of National Privacy Laws
        • Netherlands Privacy Academy (in Dutch)
        • Caribbean Privacy Academy (in Dutch)
      • Resources
      • Join GADPPRO ACADEMY
        • Join GADPPRO Academy as an Official Partner
        • Become an Official GADPPRO Training Entity
        • Join the GADPPRO Business Academy
        • Secretariat & International Training Centre
        • Contact Us
      •  
        • RegisterLog in

      Blog

      Guidelines on Data Protection Officers (‘DPOs’) (wp243rev.01)

      • Categories Blog, Business, Design / Branding, Free Data Protection Resources
      • Date September 7, 2020

      Guidelines on Data Protection Officers (‘DPOs’) (wp243rev.01)

      Section 3.5. Conflict of interests

      Article 38 (6) allows DPOs to ‘fulfil other tasks and duties’. It requires, however, that the organisation ensure that ‘any such tasks and duties do not result in a conflict of interests’.

      The absence of conflict of interests is closely linked to the requirement to act in an independent manner. Although DPOs are allowed to have other functions, they can only be entrusted with other tasks and duties provided that these do not give rise to conflicts of interests. This entails in particular that the DPO cannot hold a position within the organisation that leads him or her to determine the purposes and the means of the processing of personal data. Due to the specific organisational structure in each organisation, this has to be considered case by case.

      As a rule of thumb, conflicting positions within the organisation may include senior management positions (such as chief executive, chief operating, chief financial, chief medical officer, head of marketing department, head of Human Resources or head of IT departments) but also other roles lower down in the organisational structure if such positions or roles lead to the determination of purposes and means of processing. In addition, a conflict of interests may also arise for example if an external DPO is asked to represent the controller or processor before the Courts in cases involving data protection issues.

      Depending on the activities, size and structure of the organisation, it can be good practice for controllers or processors:

      • to identify the positions which would be incompatible with the function of DPO

      • to draw up internal rules to this effect in order to avoid conflicts of interests

      • to include a more general explanation about conflicts of interests

      • to declare that their DPO has no conflict of interests with regard to its function as a DPO, as a way of raising awareness of this requirement

      • to include safeguards in the internal rules of the organisation and to ensure that the vacancy notice for the position of DPO or the service contract is sufficiently precise and detailed in order to avoid a conflict of interests. In this context, it should also be borne in mind that conflicts of interests may take various forms depending on whether the DPO is recruited internally or externally

      • Share:
      author avatar
      Richard V

      Previous post

      Guidelines on Data Protection Officers (‘DPOs’) (wp243rev.01)
      September 7, 2020

      Next post

      Guidelines on Data Protection Officers (‘DPOs’) (wp243rev.01)
      September 7, 2020

      You may also like

      Guidelines 9/2020 on relevant and reasoned objection under Regulation 2016/679
      29 November, 2020

      Guidelines 9/2020 on relevant and reasoned objection under Regulation 2016/679 Paragraph 3.2.3  Risks to free flow of personal data within the Union 44. Where the objection will refer to this particular risk, the CSA will need to clarify why it …

      Guidelines 9/2020 on relevant and reasoned objection under Regulation 2016/679
      29 November, 2020

      Guidelines 9/2020 on relevant and reasoned objection under Regulation 2016/679 Paragraph 3.2.2  Risks to fundamental rights and freedoms of data subjects 39. The issue at stake concerns the impact the draft decision as a whole would have on the data …

      Guidelines 9/2020 on relevant and reasoned objection under Regulation 2016/679
      29 November, 2020

      Guidelines 9/2020 on relevant and reasoned objection under Regulation 2016/679 Paragraph 3.2.1  Meaning of “significance of the risks” 35. It is important to bear in mind that the goal of the work carried out by SAs is that of protecting …

      Search

      Categories

      • Blog
      • Business
      • Design / Branding
      • Free Data Protection Resources
      • Nederlandse Privacy Academie
      • Uncategorized
      Facebook-f Linkedin-in

      © Privacad 2020

      For all your questions about courses

      students@privacad.com

      For all your questions about Privacad for business

      info@privacad.com

      Links

      • Courses
      • Become a GADPPRO Academy Official Training Entity
      • Resources
      • Free Data Protection Resources
      • Blog
      • Profile
      • Students Stewards Network (SSN)

      Support

      • Privacy Policy
      • Terms of Use
      • FAQs
      • Contact

      © GADPPRO Academy | Privacad 2022

      GADPPRO Academy 2022

      Login with your site account

      Lost your password?

      Not a member yet? Register now

      Register a new account

      Are you a member? Login now