SECTION 2

THE DATA PROTECTION OFFICER

Appointment, status and organisational matters
Article 3
1
The Executive Board shall:
a
appoint the DPO on the basis of personal and professional qualities and, in particular, expert knowledge of data protection law and practices and ability to fulfil the tasks referred to in Article 45 of Regulation (EU) 2018/1725 and in this Decision;
b
issue a non-convertible fixed-term contract for the position of DPO for a period of between three to five years, which may be extended up to the overall limit of 10 years, as set out in the Conditions of Employment for Staff of the European Central Bank; and
c
register the DPO with the European Data Protection Supervisor (EDPS) in accordance with Article 44(9) of Regulation (EU) 2018/1725.
2
The Executive Board shall ensure that the DPO is able to carry out the tasks and duties referred to in Article 45 of Regulation (EU) 2018/1725 in an independent manner without receiving any instructions on how to exercise his or her tasks. Without prejudice to such independence:
a
the DPO shall be subject to the Conditions of Employment for Staff of the European Central Bank;
b
for administrative purposes and for the purpose of applying the ECB’s employment framework, the DPO shall be allocated to the ECB’s Directorate-General Legal Services;
c
the DPO’s appraiser consults the EDPS and may also seek input from other ECB stakeholders, before appraising the DPO’s performance of his or her tasks and duties. The DPO shall not suffer any prejudice on account of due performance of his or her tasks and duties;
d
the DPO is subject to dismissal by the Executive Board if he or she no longer fulfils the conditions required for the performance of his or her duties and such dismissal has received the prior consent of the EDPS in accordance with Article 44(8) of Regulation (EU) 2018/1725.
3
The Executive Board may appoint a Deputy DPO to whom paragraphs 1 and 2 shall apply. The Deputy DPO shall support the DPO in carrying out the DPO’s tasks and duties, and deputise in the event of the DPO’s absence.
4
Any ECB staff member providing support to the DPO in relation to data protection issues shall act solely on the DPO’s instructions and shall be bound by professional secrecy and confidentiality in accordance with Article 44(5) of Regulation (EU) 2018/1725 in conjunction with Article 37 of the Statute of the ESCB.
5
In accordance with Article 43(2) of Regulation (EU) 2018/1725, at the ESRB’s request, the DPO may be authorised to also fulfil in relation to the ESRB the tasks set out in Article 45 of Regulation (EU) 2018/1725.