Designation of the data protection officer
General Data Protection Regulation · UE 2016/679
Designation of the data protection officer
1. The controller and the processor shall designate a data protection officer in any case where:
| (a) | the processing is carried out by a public authority or body, except for courts acting in their judicial capacity; |
| (b) | the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects on a large scale; or |
| (c) | the core activities of the controller or the processor consist of processing on a large scale of special categories of data pursuant to Article 9 and personal data relating to criminal convictions and offences referred to in Article 10. |
2. A group of undertakings may appoint a single data protection officer provided that a data protection officer is easily accessible from each establishment.
3. Where the controller or the processor is a public authority or body, a single data protection officer may be designated for several such authorities or bodies, taking account of their organisational structure and size.
4. In cases other than those referred to in paragraph 1, the controller or processor or associations and other bodies representing categories of controllers or processors may or, where required by Union or Member State law shall, designate a data protection officer. The data protection officer may act for such associations and other bodies representing controllers or processors.
5. The data protection officer shall be designated on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and the ability to fulfil the tasks referred to in Article 39.
6. The data protection officer may be a staff member of the controller or processor, or fulfil the tasks on the basis of a service contract.
7. The controller or the processor shall publish the contact details of the data protection officer and communicate them to the supervisory authority.
In Luxembourg, the competent authority to receive the notification of DPO contact details is the CNPD, through its dedicated online portal. The law of 1 August 2018 organising the CNPD confirms the direct application of Article 37 without any derogating national threshold, but the CNPD has issued sectoral guidance, notably for the public sector and municipalities, where designation is systematically mandatory (Article 37(1a)). A shared single DPO remains possible across several municipalities or inter-municipal syndicates, subject to effective accessibility.
Luxgap practice: ensure the CNPD notification is made through the official form and not by simple email, and keep the time-stamped acknowledgement of receipt as enforceable proof in case of audit.
