CJEU issues DPO conflict of interest ruling

09/02/2023 | IAPP

On Thursday, the Court of Justice of the European Union (CJEU) issued a significant ruling for data protection officers (DPOs) concerning Article 38 of the EU General Data Protection Regulation. The ruling stated DPOs should “be in a position to perform their duties and tasks in an independent manner” but “cannot be entrusted with tasks or duties which would result in him or her determining the objectives and methods of processing personal data on the part of the controller or its processor.” Moving forward, the IAPP writes that the decision will be an important consideration for the privacy industry and organisations as they “grapple with the challenging confluence of regulatory compliance and business practice.” 

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