Termination of the designation of the DPO

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How to terminate the designation of the DPO?

 

The controller and processor are entitled to recall the designation of the data protection officer in written form at any time without stating a reason.

The controller and the processor are entitled to recall the designated data protection officer upon their own decision, however it is necessary for them to consider their obligation to enable the personal data protection officer to perform surveillance of the personal data protection independently and to accept his/her legitimate proposals while the notification of deficiencies or making of a request by the data protection officer in connection with fulfilment of his/her obligations pursuant to the Act must not become an instigation or a reason for the controller's action that could cause damage to the data protection officer.

 

Does the designation of the DPO terminate automatically after termination of the employment relationship with the DPO?

 

The function of the DPO who is the employee of the controller terminates automatically with the termination of employment relationship, civil service employment relationship, civil service relationship or similar relationship unless controller and the DPO agree on continuing of this function in written form.

 

Are there any other means of termination of the designation of the DPO?

 

Written designation of the DPO is automatically terminated with following objective reasons:

  • by death of the data protection officer
  • by the effectiveness date of controller´s termination
  • by the date that the data protection officer ceased to meet requirements pursuant to the PDP Act
  • by expiration of time-limit of two years during which the DPA does not perfom its function
  • by the date on which the controller received a written request of the data protection officer of the termination of his/her function if there was no other agreement on the termination date.

It is necessary to solve a question on need to designate new DPO when the designation of DPO has been revoked or terminated.

 

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