37. Designation of the data protection officer

CHAPTER IV Controller and processor Section 4 Data protection officer

37. Designation of the data protection officer

The controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7 and the processor‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. GDPR Article 4 Paragraph 8 shall designate a data protection officer in any case where:
the processing‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. GDPR Article 4 Paragraph 2 is carried out by a public authority or body, except for courts acting in their judicial capacity;
the core activities of the controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7 or the processor‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. GDPR Article 4 Paragraph 8 consist of processing‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. GDPR Article 4 Paragraph 2 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; or
the core activities of the controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7 or the processor‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. GDPR Article 4 Paragraph 8 consist of processing‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. GDPR Article 4 Paragraph 2 on a large scale of special categories of data pursuant to Article 9 and personal data‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person GDPR Article 4 Paragraph 1   relating to criminal convictions and offences referred to in Article 10.

A group of undertakings‘group of undertakings’ means a controlling undertaking and its controlled undertakings GDPR Article 4 Paragraph 19 may appoint a single data protection officer provided that a data protection officer is easily accessible from each establishment.

Where the controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7 or the processor‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. GDPR Article 4 Paragraph 8 is a public authority or body, a single data protection officer may be designated for several such authorities or bodies, taking account of their organisational structure and size.

In cases other than those referred to in paragraph 1, the controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7 or processor‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. GDPR Article 4 Paragraph 8 or associations and other bodies representing categories of controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7s or processor‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. GDPR Article 4 Paragraph 8s may or, where required by Union or Member State law shall, designate a data protection officer. The data protection officer may act for such associations and other bodies representing controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7s or processor‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. GDPR Article 4 Paragraph 8s.

The data protection officer shall be designated on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and the ability to fulfil the tasks referred to in Article 39.

The data protection officer may be a staff member of the controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7 or processor‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. GDPR Article 4 Paragraph 8, or fulfil the tasks on the basis of a service contract.

The controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7 or the processor‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. GDPR Article 4 Paragraph 8 shall publish the contact details of the data protection officer and communicate them to the supervisory authority‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 GDPR Article 4 Paragraph 21.