(Unofficial Translation)
No. 136 Chapter 69 Gor
Government Gazette
27 May 2019
agreement between the parties to control the activities carried out by the Data Processor to be in
accordance with the Data Processor's obligations for compliance with this Act.
The provisions in (3) may not apply to the Data Processor who is a small
organization pursuant to the rules as prescribed by the Committee, unless the collection, use, or
disclosure of such Personal Data is likely to result in a risk to the rights and freedoms of data
subjects, or not a business where the collection, use, or disclosure of the Personal Data is
occasional, or involving in the collection, use, or disclosure of the Personal Data pursuant to
section 26.
Section 41
The Data Controller and the Data Processor shall designate a
data protection officer in the following circumstances:
(1) the Data Controller or the Data Processor is a public authority as
prescribed and announced by the Committee;
(2) the activities of the Data Controller or the Data Processor in the
collection, use, or disclosure of the Personal Data require a regular monitoring of the Personal
Data or the system, by the reason of having a large number of Personal Data as prescribed and
announced by the Committee;
(3) the core activity of the Data Controller or the Data Processor is the
collection, use, or disclosure of the Personal Data according to section 26.
In the event that the Data Controller or the Data Processor are in the same
affiliated business or are in the same group of undertakings, in order to jointly operate the
business or group of undertakings as prescribed and announced by the Committee according to
section 29 paragraph two, such Data Controller or Data Processor may jointly designate a data
protection officer. In this regard, each establishment of the Data Controller or the Data
Processor in the same affiliated business or in the same group of undertakings must be able to
easily contact the data protection officer.
The provisions in paragraph two shall apply to the Data Controller or the Data
Processor who is a public authority in (1) that is large in size or has several establishments
mutatis mutandis.
In the event that the Data Controller or the Data Processor in paragraph one
has to designate the representative according to section 37 (5), the provisions in paragraph one
shall apply to the representative mutatis mutandis.
The Data Controller and the Data Processor shall have an obligation to
provide the information of the data protection officer, contact address, and contact channels to
the data subject and the Office. The data subject shall be able to contact the data protection
officer with respect to the collection, use, or disclosure of the Personal Data and the exercise
of rights of the data subject under this Act.
The Committee may prescribe and announce the qualifications of the data
protection officer by taking into account the knowledge or expertise with respect to the
Personal Data protection.
The personal data protection officer may be a staff of the Data Controller or
the Data Processor, or a service provider under the contract with the Data Controller or the
Data Processor.
Section 42
The data protection officer shall have the following duties:
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