GDPR Art. 39 EN

Tasks of the data protection officer

Supervisory Authorities

In force — consolidated2016-05-04 · CELEX 02016R0679-20160504 · ELI ↗

Version history 2

2016-05-04in force CELEX 02016R0679-20160504
2016-04-27 CELEX 32016R0679

1.
The data protection officer shall have at least the following tasks:¶

Supervisory Authorities 29
1. 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; ¶
  Processors Controllers
2. 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; ¶
  Processors Personal Data Controllers
3. c)
  to provide advice where requested as regards the data protection impact assessment and monitor its performance pursuant to Article 35; ¶
  Privacy Impact Assessment DPIA
4. d)
  to cooperate with the supervisory authority; ¶
  Supervisory Authorities Supervision
5. 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. ¶
  Privacy Impact Assessment Prior Consultation DPIA
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.¶

Supervisory Authorities 55

Enforcement

Cited in 8 fines totalling €113.3K

Top authority: 🇪🇺National Commission for Data Protection (CNPD) (6) · median fine €15,400 · see all enforcement for Art. 39 →

Connections by provision

39(1) 25 Case Law 2 Guidance 1 Literature 1 News .md

Case Law 25

Order of the Vice-President of the Court of 25 February 2025.#WebGroup Czech Republic a.s. v European Commission.#Appeal – Interim relief – Approximation of laws – Regulation (EU) 2022/2065 – Single market for digital services – Article 33(4) – Designation as a very large online platform – Article 39 – Additional online advertising transparency – Action for annulment – Weighing up of interests.#Case C-620/24 P(R). ¶1 Order of the President of the General Court of 13 February 2025.#NKL Associates s.r.o. v European Commission.#Interim relief – Digital services – Regulation (EU) 2022/2065 – Very large online platforms – Application for suspension of operation of a measure – Prima facie case – Urgency – Weighing up of interests.#Case T-486/24 R. ¶4 Order of the President of the General Court of 13 February 2025.#NKL Associates s.r.o. v European Commission.#Interim relief – Digital services – Regulation (EU) 2022/2065 – Very large online platforms – Application for suspension of operation of a measure – Prima facie case – Urgency – Weighing up of interests.#Case T-486/24 R. ¶41 Order of the President of the General Court of 13 February 2025.#NKL Associates s.r.o. v European Commission.#Interim relief – Digital services – Regulation (EU) 2022/2065 – Very large online platforms – Application for suspension of operation of a measure – Prima facie case – Urgency – Weighing up of interests.#Case T-486/24 R. ¶67 Order of the President of the General Court of 13 February 2025.#NKL Associates s.r.o. v European Commission.#Interim relief – Digital services – Regulation (EU) 2022/2065 – Very large online platforms – Application for suspension of operation of a measure – Prima facie case – Urgency – Weighing up of interests.#Case T-486/24 R. ¶12 Order of the Vice-President of the Court of 25 February 2025.#WebGroup Czech Republic a.s. v European Commission.#Appeal – Interim relief – Approximation of laws – Regulation (EU) 2022/2065 – Single market for digital services – Article 33(4) – Designation as a very large online platform – Article 39 – Additional online advertising transparency – Action for annulment – Weighing up of interests.#Case C-620/24 P(R). ¶9 Order of the Vice-President of the Court of 25 February 2025.#WebGroup Czech Republic a.s. v European Commission.#Appeal – Interim relief – Approximation of laws – Regulation (EU) 2022/2065 – Single market for digital services – Article 33(4) – Designation as a very large online platform – Article 39 – Additional online advertising transparency – Action for annulment – Weighing up of interests.#Case C-620/24 P(R). ¶6 Order of the Vice-President of the Court of 25 February 2025.#WebGroup Czech Republic a.s. v European Commission.#Appeal – Interim relief – Approximation of laws – Regulation (EU) 2022/2065 – Single market for digital services – Article 33(4) – Designation as a very large online platform – Article 39 – Additional online advertising transparency – Action for annulment – Weighing up of interests.#Case C-620/24 P(R). +17 more

Guidance 2

Contribution of the EDPB to the European Commission’s evaluation of the Data Protection Law Enforcement Directive (LED) under Article 62 Guidelines 01/2023 on Article 37 Law Enforcement Directive

Literature 1

General Data Protection Regulation (GDPR) ambiguity, national diversity and data protection officer certification: Implementing Art. 39(1) GDPR in France, Italy, Luxembourg and Spain

News 1

Article 39 of the GDPR (General Data Protection Regulation).

39(1)(b) 5 Case Law 1 Guidance .md

Case Law 5

Judgment of the Court (First Chamber) of 22 June 2022.#Leistritz AG v LH.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Second sentence of Article 38(3) – Data protection officer – Prohibition of the dismissal, by a controller or processor, of a data protection officer or of the imposition, by a controller or processor, of a penalty on h Judgment of the Court (Sixth Chamber) of 9 February 2023.#X-FAB Dresden GmbH & Co. KG v FC.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 38(3) – Data protection officer – Prohibition on dismissing data protection officer for performing his or her tasks – Requirement for functional independence – National legislation prohibiting ¶25 Judgment of the Court (First Chamber) of 22 June 2022.#Leistritz AG v LH.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Second sentence of Article 38(3) – Data protection officer – Prohibition of the dismissal, by a controller or processor, of a data protection officer or of the imposition, by a controller or processor, of a penalty on h ¶24 Judgment of the Court (Sixth Chamber) of 9 February 2023.#X-FAB Dresden GmbH & Co. KG v FC.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 38(3) – Data protection officer – Prohibition on dismissing data protection officer for performing his or her tasks – Requirement for functional independence – National legislation prohibiting ¶43 Judgment of the Court (Sixth Chamber) of 9 February 2023.#X-FAB Dresden GmbH & Co. KG v FC.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 38(3) – Data protection officer – Prohibition on dismissing data protection officer for performing his or her tasks – Requirement for functional independence – National legislation prohibiting

Guidance 1

Opinion 15/2025 on the draft decision of the Austrian Supervisory Authority (AT SA) regarding the certification criteria of BDO Consulting GmbH

39(2) 55 Case Law .md

Case Law 55

Judgment of the General Court (Seventh Chamber, Extended Composition) of 19 November 2025.#Amazon EU Sàrl, venant aux droits de Amazon Services Europe Sàrl v European Commission.#Digital services – Regulation (EU) 2022/2065 – Designation as a very large online platform – Plea of illegality – Admissibility – Article 33(1) and (4) of Regulation 2022/2065 – Right to respect for private and family life – Freedom to conduct a business – Right to property – Equal treatment – Freedom of expression – Da Order of the Vice-President of the Court of 25 February 2025.#WebGroup Czech Republic a.s. v European Commission.#Appeal – Interim relief – Approximation of laws – Regulation (EU) 2022/2065 – Single market for digital services – Article 33(4) – Designation as a very large online platform – Article 39 – Additional online advertising transparency – Action for annulment – Weighing up of interests.#Case C-620/24 P(R). ¶103 Order of the President of the General Court of 12 July 2024.#WebGroup Czech Republic, a.s. v European Commission.#Interim relief – Digital services – Regulation (EU) 2022/2065 – Very large online platforms – Application for suspension of operation of a measure – Prima facie case – Urgency – Weighing up of interests.#Case T-139/24 R. ¶58 Order of the President of the General Court of 2 July 2024.#Aylo Freesites LTD v European Commission.#Interim relief – Digital services – Regulation (EU) 2022/2065 – Very large online platforms – Application for suspension of operation of a measure – Prima facie case – Urgency – Weighing up of interests.#Case T-138/24 R. ¶86 Order of the President of the General Court of 12 July 2024.#WebGroup Czech Republic, a.s. v European Commission.#Interim relief – Digital services – Regulation (EU) 2022/2065 – Very large online platforms – Application for suspension of operation of a measure – Prima facie case – Urgency – Weighing up of interests.#Case T-139/24 R. ¶80 Order of the President of the General Court of 2 July 2024.#Aylo Freesites LTD v European Commission.#Interim relief – Digital services – Regulation (EU) 2022/2065 – Very large online platforms – Application for suspension of operation of a measure – Prima facie case – Urgency – Weighing up of interests.#Case T-138/24 R. ¶101 Order of the President of the General Court of 2 July 2024.#Aylo Freesites LTD v European Commission.#Interim relief – Digital services – Regulation (EU) 2022/2065 – Very large online platforms – Application for suspension of operation of a measure – Prima facie case – Urgency – Weighing up of interests.#Case T-138/24 R. ¶66 Order of the President of the General Court of 12 July 2024.#WebGroup Czech Republic, a.s. v European Commission.#Interim relief – Digital services – Regulation (EU) 2022/2065 – Very large online platforms – Application for suspension of operation of a measure – Prima facie case – Urgency – Weighing up of interests.#Case T-139/24 R. +47 more

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