# Berlin DPA imposes 525K euro fine over DPO violation

- Type: News
- Source: IAPP
- Date: 2022-09-22
- Original: https://iapp.org/news/a/berlin-dpa-imposes-525k-fine-over-dpo-violation#entry-482
- Canonical: https://overview.legal/posts/6275
- Topics: Notified Body Responsibilities and Operational Obligations, Employees, Supervisory Authorities, Processing Agreement, Professional Secrecy, Notified Body Independence, Scientific Panel Independence

## Summary

> The Berlin Commissioner for Data Protection and Freedom of Information issued a 525,000 euro fine to a Berlin-based retailer for violation of data protection officer requirements under the \[GDPR]. An investigation found an alleged conflict of interest concerning the DPO's employment status and decision-making responsibilities that violated Article 38(6) of the GDPR. The company received a warning from the regulator in 2021.

## Full text

The Berlin Commissioner for Data Protection and Freedom of Information issued a 525,000 euro fine to a Berlin-based retailer for violation of data protection officer requirements under the EU General Data Protection Regulation. An investigation found an alleged conflict of interest concerning the DPO's employment status and decision-making responsibilities that violated Article 38(6) of the GDPR. The company received a warning from the regulator in 2021\. (Press release in German.)  
[**Full Story**](https://www.datenschutz-berlin.de/fileadmin/user%5Fupload/pdf/pressemitteilungen/2022/20220920-BlnBDI-PM-Bussgeld-DSB.pdf)

## Cited law provisions (1)

### GDPR — gdpr-art-38-par-6-en

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.

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