Dismissal for just cause of the in-house Data Protection Officer - DPO employed by the Data Controller: the interpretative ruling of the EU Court of Justice in the case C-453/21.

Commentary on the judgment of the EU Court of Justice in the case C-453-2021.

Source: SEAC Giuridica

17/02/2023

Dismissal for just cause of the in-house Data Protection Officer - DPO employed by the Data Controller: the interpretative ruling of the EU Court of Justice in the case C-453/21.

In this article, Prof. Avv. Alessandro del Ninno analyzes the EU Court of Justice ruling in the case C-453/21 (X-FAB Dresden GmbH & Co. KG vs. FC), which concerned the request for a preliminary ruling submitted to the Court by the Bundesarbeitsgericht (Federal Labour Court, Germany) regarding the interpretation of the second sentence of Article 38(3) ("The Data Protection Officer shall not be removed or penalized by the controller or processor for the performance of its tasks") and Article 38(6) ("The Data Protection Officer may perform other tasks and functions. The controller or processor shall ensure that such tasks and functions do not give rise to a conflict of interest"), of the EU General Data Protection Regulation no. 2016/679.

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