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Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA

article  41b

CELEX:  02016R0794-20220628

1. The Data Protection Officer shall, in particular, have the following tasks with regard to processing of personal data:
(a) ensuring in an independent manner the compliance of Europol with the data protection provisions of this Regulation and Regulation (EU) 2018/1725 and with the relevant data protection provisions in Europol’s internal rules, including monitoring compliance with this Regulation, with Regulation (EU) 2018/1725, with other Union or national data protection provisions and with the policies of Europol in relation to the protection of personal data, including the assignment of responsibilities, awareness-raising and training of staff involved in processing operations, and related audits;
(b) informing and advising Europol and staff who process personal data of their obligations pursuant to this Regulation, to Regulation (EU) 2018/1725 and to other Union or national data protection provisions;
(c) providing advice where requested as regards the data protection impact assessment pursuant to Article 89 of Regulation (EU) 2018/1725 and monitoring the performance of the data protection impact assessment;
(d) keeping a register of personal data breaches and providing advice where requested as regards the necessity of a notification or communication of a personal data breach pursuant to Articles 92 and 93 of Regulation (EU) 2018/1725;
(e) ensuring that a record of the transmission, transfer and receipt of personal data is kept in accordance with this Regulation;
(f) ensuring that, at their request, data subjects are informed of their rights under this Regulation and Regulation (EU) 2018/1725;
(g) cooperating with Europol staff responsible for procedures, training and advice on data processing;
(h) responding to requests from the EDPS, within the sphere of his or her competence, cooperating and consulting with the EDPS, at the latter’s request or on his or her own initiative;
(i) cooperating with the competent authorities of the Member States, in particular with the Data Protection Officers of the competent authorities of the Members States and national supervisory authorities regarding data protection matters in the law enforcement area;
(j) acting as the contact point for the EDPS on issues relating to processing, including the prior consultation under Articles 40 and 90 of Regulation (EU) 2018/1725, and consulting, where appropriate, with regard to any other matter within the sphere of his or her competence;
(k) preparing an annual report and communicating that report to the Management Board and to the EDPS;
(l) ensuring that the rights and freedoms of data subjects are not adversely affected by processing operations.
Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA

article  41b

CELEX:  02016R0794-20220628

2. The Data Protection Officer may make recommendations to the Management Board for the practical improvement of data protection and advise on matters concerning the application of data protection provisions. The Data Protection Officer may, on his or her own initiative or at the request of the Management Board or any individual, investigate matters and occurrences directly relating to his or her tasks which come to his or her notice, and report back to the person who requested the investigation or to the Management Board the results of that investigation.
3. The Data Protection Officer shall carry out the functions provided for by Regulation (EU) 2018/1725 with regard to administrative personal data.
4. In the performance of his or her tasks, the Data Protection Officer and the staff members of Europol assisting the Data Protection Officer in the performance of his or her duties shall have access to all the data processed by Europol and to all Europol premises.
Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA

article  41b

CELEX:  02016R0794-20220628

5. If the Data Protection Officer considers that the provisions of this Regulation or of Regulation (EU) 2018/1725 concerning the processing of administrative personal data, or the provisions of this Regulation or of Article 3 and of Chapter IX of Regulation (EU) 2018/1725 concerning the processing of personal data, have not been complied with, he or she shall inform the Executive Director and shall require him or her to resolve the non-compliance within a specified period. If the Executive Director does not resolve the non-compliance of the processing within the specified period, the Data Protection Officer shall inform the Management Board. The Management Board shall reply within a specified time limit agreed with the Data Protection Officer. If the Management Board does not resolve the non-compliance within the specified period, the Data Protection Officer shall refer the matter to the EDPS.