German Data Protection Authorities Set Minimum Competency and Independence Requirements for Company Data Protection Officers


By joint resolution of 24/25 November 2010, the German data protection authorities ("DPAs") have set minimum requirements for the competency and independence of company data protection officers ("DPOs"). The initiative follows inspections carried out within companies that revealed a generally insufficient level of competency among DPOs, and of data controllers' organizational framework and resources for data protection compliance, given the increasing complexity of automated processing of personal data and the requirements of the Federal Data Protection Act.

The DPAs emphasize that a DPO's workload and responsibilities depend in particular on the size of the data controller, the number of data controllers supervised by the individual DPO, particularities of industry-specific data processing, and the level of protection required for the types of personal data being processed.

The resolution sets out the following minimum requirements with respect to competency and independence of DPOs, as well as to the data controllers' organizational framework and resources for data protection compliance:

Please see full Alert below for further information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Reed Smith | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.