Is appointment of DPO obligatory?
In line with Art. 36a paragraph 1 of the Data Protection Act, appointment of DPO is a right not an obligation of the data controller. In case of failure to appoint a DPO, its tasks are fulfilled by the data controller itself (Art. 36b of the Data Protection Act), with the exception of an obligation of drawing up of report and obviously with the exception of an obligation of keeping internal register of the data filing systems containing data that are processed by data controller (see below).
Amendment in this regard does not affect the existing obligations of the data controller. It has been responsible for appropriate, legitimate, including provisions of the Data Protection Act, organising of personal data processing.


