Germany: May a Works Council chairman be DPO?

The Federal Labour Court (BAG) has referred an important question to the European Court of Justice (ECJ) – may a Works Council Chairman lawfully also hold the post of Data Protection Officer (DPO) for their Company? The Thuringian State Commissioner for Data Protection and Freedom of Information (TLfDI) had, in their wisdom, ruled that the appointment of a DPO in such circumstances rendered the appointment invalid and that the company concerned could therefore be prosecuted for not making a valid appointment …

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