Article 38
1. The controller and the processor shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of personal data.
2. The controller and processor shall support the data protection officer in performing the tasks referred to in Article 39 by providing resources necessary to carry out those tasks and access to personal data and processing operations, and to maintain his or her expert knowledge.
3. The controller and processor shall ensure that the data protection officer does not receive any instructions regarding the exercise of those tasks. He or she shall not be dismissed or penalised by the controller or the processor for performing his tasks. The data protection officer shall directly report to the highest management level of the controller or the processor.
4. Data subjects may contact the data protection officer with regard to all issues related to processing of their personal data and to the exercise of their rights under this Regulation.
5. The data protection officer shall be bound by secrecy or confidentiality concerning the performance of his or her tasks, in accordance with Union or Member State law.
6. The data protection officer may fulfil other tasks and duties. The controller or processor shall ensure that any such tasks and duties do not result in a conflict of interests.
X-FAB Dresden GmbH & Co. KG v FC
The second sentence of Article 38(3) does not preclude national legislation under which a controller or processor may dismiss a data protection officer who is a member of staff solely for just cause, even if the dismissal is unrelated to that officer's tasks, provided that the legislation does not undermine the objectives of Regulation 2016/679.
X-FAB Dresden GmbH & Co. KG v FC
Under Article 38(6), a "conflict of interests" may exist where a data protection officer is given other tasks or duties that would result in that officer determining the objectives and methods of processing personal data for the controller or processor. That is for the national court to determine case by case, on the basis of all relevant circumstances, in particular the organisational structure of the controller or processor and all applicable rules, including any policies of the controller or processor.