Duties

Duties under the GDPR

The GDPR requires the CNPD to carry out a number of duties:

  1. monitor and enforce the application of this Regulation;
  2. promote public awareness and understanding of the risks, rules, safeguards and rights in relation to processing. Activities addressed specifically to children shall receive specific attention;
  3. advise, in accordance with Member State law, the national parliament, the government, and other institutions and bodies on legislative and administrative measures relating to the protection of natural persons' rights and freedoms with regard to processing;
  4. promote the awareness of controllers and processors of their obligations under this Regulation;
  5. upon request, provide information to any data subject concerning the exercise of their rights under this Regulation and, if appropriate, cooperate with the supervisory authorities in other Member States to that end;
  6. handle complaints lodged by a data subject, or by a body, organisation or association in accordance with Article 80, and investigate, to the extent appropriate, the subject matter of the complaint and inform the complainant of the progress and the outcome of the investigation within a reasonable period, in particular if further investigation or coordination with another supervisory authority is necessary;
  7. cooperate with, including sharing information and provide mutual assistance to, other supervisory authorities with a view to ensuring the consistency of application and enforcement of this Regulation;
  8. conduct investigations on the application of this Regulation, including on the basis of information received from another supervisory authority or other public authority;
  9. monitor relevant developments, insofar as they have an impact on the protection of personal data, in particular the development of information and communication technologies and commercial practices;
  10. adopt standard contractual clauses referred to in Article 28(8) and in point (d) of Article 46(2);
  11. establish and maintain a list in relation to the requirement for data protection impact assessment pursuant to Article 35(4);
  12. give advice on the processing operations referred to in Article 36(2);
  13. encourage the drawing up of codes of conduct pursuant to Article 40(1) and provide an opinion and approve such codes of conduct which provide sufficient safeguards, pursuant to Article 40(5);
  14. encourage the establishment of data protection certification mechanisms and of data protection seals and marks pursuant to Article 42(1), and approve the criteria of certification pursuant to Article 42(5);
  15. where applicable, carry out a periodic review of certifications issued in accordance with Article 42(7);
  16. draft and publish the requirements for accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43;
  17. conduct the accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43;
  18. authorise contractual clauses and provisions referred to in Article 46(3);
  19. approve binding corporate rules pursuant to Article 47;
  20. contribute to the activities of the Board;
  21. keep internal records of infringements of this Regulation and of measures taken in accordance with Article 58(2); and
  22. fulfil any other tasks related to the protection of personal data.

Other duties

The National Commission is also responsible for the application of the provisions of

  • the Act of 1 August 2018 on the organisation of the National Data Protection Commission and the general data protection framework;
  • the Act of 1 August 2018 on the protection of individuals with regard to the processing of personal data in criminal and national security matters;
  • the Act of 30 May 2005 regarding the specific rules for the protection of privacy in the sector of electronic communications.

Annual report

The CNPD shall produce an annual report on its activities, which includes a list of the types of infringements notified and the types of sanctions imposed in accordance with Regulation 2016/679 and the Act of 1 August 2018 on the protection of natural persons with regard to the processing of personal data in criminal and national security matters. These reports are submitted to the Chamber of Deputies, the Government, the European Commission and the European Data Protection Board and are made public. 

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