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

Section 4.3. Cooperating with the supervisory authority and acting as a contact point

According to Article 39(1)(d) and (e), the DPO should ‘cooperate with the supervisory authority’ and ‘act as a contact point for the supervisory authority on issues relating to processing, including the prior consultation referred to in Article 36, and to consult, where appropriate, with regard to any other matter’.

These tasks refer to the role of ‘facilitator’ of the DPO mentioned in the introduction tothese Guidelines. The DPO acts as a contact point to facilitate access by the supervisory authority to the documents and information for the performance of the tasks mentioned in Article 57, as well as for the exercise of its investigative, corrective, authorisation, and advisory powers mentioned in Article 58. As already mentioned, the DPO is bound by secrecy or confidentiality concerning the performance of his or her tasks, in accordance with Union or Member State law (Article 38(5)). However, the obligation of secrecy/confidentiality does not prohibit the DPO from contacting and seeking advice from the supervisory authority. Article 39(1)(e) provides that the DPO can consult the supervisory authority on any other matter, where appropriate.