L 119/56
EN
Official Journal of the European Union
4.5.2016
2.
The controller and processor shall support the data protection officer in performing the tasks referred to in
Article 39 by providing resources necessary to carry out those tasks and access to personal data and processing
operations, and to maintain his or her expert knowledge.
3.
The controller and processor shall ensure that the data protection officer does not receive any instructions
regarding the exercise of those tasks. He or she shall not be dismissed or penalised by the controller or the processor for
performing his tasks. The data protection officer shall directly report to the highest management level of the controller
or the processor.
4.
Data subjects may contact the data protection officer with regard to all issues related to processing of their
personal data and to the exercise of their rights under this Regulation.
5.
The data protection officer shall be bound by secrecy or confidentiality concerning the performance of his or her
tasks, in accordance with Union or Member State law.
6.
The data protection officer may fulfil other tasks and duties. The controller or processor shall ensure that any such
tasks and duties do not result in a conflict of interests.
Article 39
Tasks of the data protection officer
1.
The data protection officer shall have at least the following tasks:
(a) to inform and advise the controller or the processor and the employees who carry out processing of their
obligations pursuant to this Regulation and to other Union or Member State data protection provisions;
(b) to monitor compliance with this Regulation, with other Union or Member State data protection provisions and with
the policies of the controller or processor in relation to the protection of personal data, including the assignment of
responsibilities, awareness-raising and training of staff involved in processing operations, and the related audits;
(c) to provide advice where requested as regards the data protection impact assessment and monitor its performance
pursuant to Article 35;
(d) to cooperate with the supervisory authority;
(e) to act as the contact point for the supervisory authority on issues relating to processing, including the prior
consultation referred to in Article 36, and to consult, where appropriate, with regard to any other matter.
2.
The data protection officer shall in the performance of his or her tasks have due regard to the risk associated with
processing operations, taking into account the nature, scope, context and purposes of processing.
S ect ion 5
Co de s o f co nduc t and cer tif ic a tio n
Article 40
Codes of conduct
1.
The Member States, the supervisory authorities, the Board and the Commission shall encourage the drawing up of
codes of conduct intended to contribute to the proper application of this Regulation, taking account of the specific
features of the various processing sectors and the specific needs of micro, small and medium-sized enterprises.
2.
Associations and other bodies representing categories of controllers or processors may prepare codes of conduct,
or amend or extend such codes, for the purpose of specifying the application of this Regulation, such as with regard to:
(a) fair and transparent processing;