# Position of the data protection officer — GDPR — context bundle > Focused context for a single provision, curated from overview.legal on 2026-08-22. Canonical page: https://overview.legal/laws/gdpr/art-38 > Every item cites its source. Verify against the official text (EUR-Lex / wetten.overheid.nl) before relying on it. ## Provision ### Position of the data protection officer — Position of the data protection officer *GDPR, gdpr-art-38-en — https://overview.legal/laws/gdpr/art-38* 1. The controller and the processor shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of personal data. 2. The controller and processor shall support the data protection officer in performing the tasks referred to in Article 39 by providing resources necessary to carry out those tasks and access to personal data and processing operations, and to maintain his or her expert knowledge. 3. The controller and processor shall ensure that the data protection officer does not receive any instructions regarding the exercise of those tasks. He or she shall not be dismissed or penalised by the controller or the processor for performing his tasks. The data protection officer shall directly report to the highest management level of the controller or the processor. 4. Data subjects may contact the data protection officer with regard to all issues related to processing of their personal data and to the exercise of their rights under this Regulation. 5. The data protection officer shall be bound by secrecy or confidentiality concerning the performance of his or her tasks, in accordance with Union or Member State law. 6. The data protection officer may fulfil other tasks and duties. The controller or processor shall ensure that any such tasks and duties do not result in a conflict of interests. ## Enforcement 35 decision(s) on record cite Article 38, totalling approximately €10,023,339 in fines (median €22,350). Top fines: - **McDonald’s Polska Sp. z o.o.: Niet-naleving van algemene principes voor gegevensverwerking.** (POLAND, €3,955,000) — https://overview.legal/posts/52191 - **McDonald’s Polska Sp. z o.o.: Non-compliance with general data processing principles** (POLAND, €3,955,000) — https://overview.legal/posts/48872 - **Company: Insufficient involvement of data protection officer** (GERMANY, €525,000) — https://overview.legal/posts/47513 - **Telenor ASA.: Non-compliance with general data processing principles** (NORWAY, €338,000) — https://overview.legal/posts/48688 - **Polish Postal Service: Lack of appointment of data protection officer** (POLAND, €232,379) — https://overview.legal/posts/52385 ## Guidance ### Template for Cross-Regulatory Cooperation Agreements *EDPB — https://overview.legal/posts/125669* 1 | Adopted Template for Cross-Regulatory Cooperation Agreements Adopted by the EDPB on July 7 th 2026 2 | Adopted Explanatory note Cross-regulatory cooperation between data protection supervisory authorities (DPAs) and other national and EU competent authorities has become increasingly important as legal and practical challenges emerge at the intersection of different regulatory fields. Cooperation agreements can be an important basis to organise and strengthen cooperation and dialogue between… ### Opinion 21/2026 on the draft decision of the Irish Supervisory Authority regarding the Controller Binding Corporate Rules of the Flutter Group *EDPB — https://overview.legal/posts/125670* Opinion 21/2026 on the draft decision of the Irish Supervisory Authority regarding the Controller Binding Corporate Rules of the Flutter Group Adopted on 07 July 2026 1 | Adopted 2 | Adopted The European Data Protection Board Having regard to Article 63, Article 64(1)(f) and Article 47 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such… ### Opinion 20/2026 on the draft decision of the Dutch Supervisory Authority regarding the Controller Binding Corporate Rules of the Fluor Group *EDPB — https://overview.legal/posts/125671* Opinion 20/2026 on the draft decision of the Dutch Supervisory Authority regarding the Controller Binding Corporate Rules of the Fluor Group Adopted on 07 July 2026 1 | Adopted 2 | Adopted The European Data Protection Board Having regard to Article 63, Article 64(1)(f) and Article 47 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such… ### Opinion 19/2026 on the draft decision of the Dutch Supervisory Authority regarding the Processor Binding Corporate Rules of the Rubrik Group *EDPB — https://overview.legal/posts/125672* Opinion 19/2026 on the draft decision of the Dutch Supervisory Authority regarding the Processor Binding Corporate Rules of the Rubrik Group Adopted on 08 June 2026 1 | Adopted 2 | Adopted The European Data Protection Board Having regard to Article 63, Article 64(1)(f) and Article 47 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such… ### Opinion 18/2026 on the draft decision of the Dutch Supervisory Authority regarding the Controller Binding Corporate Rules of the Rubrik Group *EDPB — https://overview.legal/posts/125673* Opinion 18/2026 on the draft decision of the Dutch Supervisory Authority regarding the Controller Binding Corporate Rules of the Rubrik Group Adopted on 08 June 2026 1 | Adopted 2 | Adopted The European Data Protection Board Having regard to Article 63, Article 64(1)(f) and Article 47 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such… ## Related topics - **Supervisory Authorities** — https://overview.legal/topics/supervisory-authorities ## Legal Framework --- Generated by overview.legal · https://overview.legal/laws/gdpr/art-38 · 2026-08-22