Data protection officer

Abstract

This article analyzes the legal figure of the Data Protection Officer (DPO), established by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, commonly known as the General Data Protection Regulation (GDPR), and implemented in the Portuguese legal system through Law No. 58/2019 of 8 August (EL).

The study examines the legal framework of the DPO, addressing its concept, characteristics, professional qualifications and position within organizations. It further analyzes the designation regime of the DPO, with particular emphasis on public entities, as well as the functions and obligations assigned to this role under European and national legislation. Finally, the article discusses the legal consequences associated with non-compliance with data protection rules and the potential liability arising from the actions of the DPO.

The research follows a legal-dogmatic methodology based on the analysis of applicable legislation, doctrinal contributions and relevant guidelines in the field of data protection.