Regulation (EU) 2016/679 as it forms part of UK law (UK GDPR) – Article 38 – Position of the data protection officer
Articles
Article 38Position of the data protection officer
1. The controller and the processor shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of personal data.
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 [F1domestic 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.
Amended text
This Article is shown as amended by S.I. 2019/419 (see the annotations below), as incorporated in the text in force on 5 November 2026 as published on legislation.gov.uk.
Annotations and footnotes
Textual Amendments
- F1 Words in Art. 38(5) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 32 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
https://uk-gdpr.digiphile.law/article/article-38.html
Text as at 5 November 2026.
This is an unofficial convenience version of the UK GDPR (Regulation (EU) 2016/679 as it forms part of UK law). It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in November 2026.