Does the DPO benefit from protected employee status?

The Data Protection Officer (DPD) is the person responsible for the protection of personal data within organizations. Its role was enshrined in the General Data Protection Regulation (GDPR) in May 2018. His appointment was made compulsory in 3 cases:

• Public bodies (community, town halls...)
• The activities of the organization which involve regular, mass monitoring of the people concerned
• and the activities of the organization which involve significant processing of sensitive data (medical data, health data...) or data concerning criminal convictions and offenses.  

The missions of the Data Protection Officer

The Data Protection Officer is not responsible in the event of a breach of the GDPR. Its main missions consist of informing and advising its organization on the practices to adopt, the impact analyzes to be carried out for example. It must also monitor compliance with the regulations through regular audits. It is also the point of contact between the organization and the supervisory authorities (the CNIL in France).

The DPO must therefore:

• Stay informed on topics related to personal data    
• Raise awareness among employees and decision-makers in the organization  
• Carry out an inventory of the organization's data processing    
• Manage compliance

The response to the survey: Does the DPO benefit from protected employee status?

During a survey carried out on November 16 on our LinkedIn page, we asked you if the Data Protection Officer benefits from protected employee status.  

You were strong! Out of 199 voters, 80% of you voted no. This is indeed the correct answer, he does not benefit from this status.  

In fact, the DPO does not benefit from the status of protected employee, as understood within the meaning of labor law. However, the GDPR requires the data controller, as well as the subcontractor, to guarantee its independence. His independence is essential for him to carry out his missions.

The Ministry of Labor has ruled on its status, affirming that its independence and protection arise from Article 38 paragraph 3 of the GDPR (response published by the ministry in the Official Journal of the Senate, February 7, 2019). The GDPR ensures that “the DPO cannot be relieved of his missions or penalized by the data controller or subcontractor for the exercise of his missions” (General Data Protection Regulation, Article 38 § 3).

To find out more, a DPO guide has been published by the CNIL. It allows organizations to benefit from support in its implementation.

The DPO and Data Comply One (formerly Mission RGPD)

If you decide not to appoint a Data Protection Officer, the representative you have chosen will be able, thanks to Data Comply One (formerly Mission RGPD), with complete simplicity and peace of mind, to carry out their missions.  

He will have at his disposal models of audits and treatment sheets.  

The software will recommend detailed action plans and all the legal documentation necessary for your GDPR compliance.  

Don't waste any more time, it's so simple!