The BvD has for some time been dealing with the development of Data Protection Officer functions under the GDPR

Many dates and discussions were scheduled in the course of developing the new regulation, in order to define the position and responsibilities of Data Protection Officers as clearly as possible.The numerous compromises in the GDPR still require considerable interpretation, which the new BDSG [Federal Data Protection Act]addresses to a limited extent only. The BvD Board has therefore developed a questionnaire to address the essential issues and primary need for Data Protection Officer information – in particular to clarify widely discussed issues of liability.

This questionnaire served as the basis for the expert opinion by Derra, Meyer & Partner.Specialists in the fields of labour, criminal and liability law examined these issues and attempted to summarise and also develop the key statements. The BvD Board closely accompanied the expert opinion to allow fast clarification of questions on operational practice. New questions and issues requiring further investigation nevertheless arose in the course of the work.These will be on the agenda for further discussion and clarification by the Professional Profile Committee in particular and also by the Board.The templates available for appointment and contractual clarification of the Data Protection Officer will be examined in particular.

We shall provide further information on this.

Download expert opinion (unofficial-translation)