Article 39
Tasks of the data protection officer
There is no recital in the Regulation related to article 39.
There is no recital in the Directive related to article 39.
Regulation
Art. 39 1. The data protection officer shall have at least the following tasks: a) to inform and advise the controller or the processor and the employees who carry out processing of their obligations pursuant to this Regulation and to other Union or Member State data protection provisions; b) to monitor compliance with this Regulation, with other Union or Member State data protection provisions and with the policies of the controller or processor in relation to the protection of personal data, including the assignment of responsibilities, awareness-raising and training of staff involved in processing operations, and the related audits; c) to provide advice where requested as regards the data protection impact assessment and monitor its performance pursuant to Article 35; d) to cooperate with the supervisory authority; e) to act as the 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. 2. The data protection officer shall in the performance of his or her tasks have due regard to the risk associated with processing operations, taking into account the nature, scope, context and purposes of processing. |
Directive
Art. 18 1. Member States shall provide that the controller or his representative, if any, must notify the supervisory authority referred to in Article 28 before carrying out any wholly or partly automatic processing operation or set of such operations intended to serve a single purpose or several related purposes. 2. Member States may provide for the simplification of or exemption from notification only in the following cases and under the following conditions: - where, for categories of processing operations which are unlikely, taking account of the data to be processed, to affect adversely the rights and freedoms of data subjects, they specify the purposes of the processing, the data or categories of data undergoing processing, the category or categories of data subject, the recipients or categories of recipient to whom the data are to be disclosed and the length of time the data are to be stored, and/or - where the controller, in compliance with the national law which governs him, appoints a personal data protection official, responsible in particular: - for ensuring in an independent manner the internal application of the national provisions taken pursuant to this Directive - for keeping the register of processing operations carried out by the controller, containing the items of information referred to in Article 21 (2), thereby ensuring that the rights and freedoms of the data subjects are unlikely to be adversely affected by the processing operations. 3. Member States may provide that paragraph 1 does not apply to processing whose sole purpose is the keeping of a register which according to laws or regulations is intended to provide information to the public and which is open to consultation either by the public in general or by any person demonstrating a legitimate interest. 4. Member States may provide for an exemption from the obligation to notify or a simplification of the notification in the case of processing operations referred to in Article 8 (2) (d). 5. Member States may stipulate that certain or all non-automatic processing operations involving personal data shall be notified, or provide for these processing operations to be subject to simplified notification. |
Portugal
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Hungary
Internal data protection officer, data protection rules § 24 Data Protection Act [...] (2) The internal data protection officer shall: a) participate and assist in the decision-making process with regard to data processing and enforcing the rights of data subjects; b) monitor compliance with the provisions of this Act and other regulations on data processing as well as with the provisions of internal data protection and data security regulations and the data security requirements; c) investigate complaints conveyed to him and, if he detects any unauthorized data processing operations, call on the controller or processor in question to cease such operations; d) draw up the internal data protection and data security rules; e) maintain the internal data protection register; f) arrange training sessions on the subject of data protection. |