| TD: Safeguards for the Independence and Non-Penalization of the Data Protection Officer

Safeguards for the Independence and Non-Penalization of the Data Protection Officer, v1.0

Specifies requirements in accordance with General Data Protection Regulation (GDPR) Art. 38(3).

Assessment Step

1 Safeguards for the Independence and Non-Penalization of the Data Protection Officer (SafeguardsfortheIndependenceandNon-PenalizationoftheDataProtectionOfficer) Does the entity ensure that the data protection officer does not receive instructions regarding the performance of their tasks, is not dismissed or penalized for performing those tasks, and reports directly to the highest management level? Artifact A1 Provide evidence (e.g. organizational policies, procedures, compliance/assessment reports, etc.) and supporting notes as appropriate to support the assessor's response to this assessment step.

Conformance Criteria (1)

Safeguards for the Independence and Non-Penalization of the Data Protection Officer The data controller and the data processor must ensure that the data protection officer does not receive any instructions regarding the performance of their tasks, is not dismissed or penalized for performing those tasks, and reports directly to the highest management level. Citation GDPR Art. 38(3), Recital 97

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Metadata

Identifier

https://artifacts.trustmarkinitiative.org/lib/tds/safeguards-for-the-independence-and-non-penalization-of-the-data-protection-officer/1.0/

Publication Date

2025-05-15

Issuing Organization

TMI (https://trustmarkinitiative.org/) View Contact

No Responder

help@trustmarkinitiative.org

555-555-5555

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Keywords

GDPR, Data Protection, Privacy, Data Privacy

Issuance Criteria

no(NONE)

Target Recipient

Entities that want to demonstrate compliance with the General Data Protection Regulation (GDPR) (EU) 2016/679, as published in the Official Journal of the European Union (OJ L 119, 4.5.2016, p. 1–88), in the role of a Data Controller or a Data Processor.

Legal Notice

This artifact is published by the Georgia Tech Research Institute (GTRI) as part of the Trustmark Initiative. This artifact and the information contained herein is provided on an "AS IS" basis, and GTRI disclaims all warranties, express or implied, including but not limited to any warranty that the use of the information herein will not infringe any rights or any implied warranties or merchantability or fitness for a particular purpose. In addition, GTRI disclaims legal liability for any loss incurred as a result of the use or reliance on the document or the information contained herein.

Sources (1)

GDPR	General Data Protection Regulation (GDPR) (EU) 2016/679, as published in the Official Journal of the European Union (OJ L 119, 4.5.2016, p. 1-88).

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