CJEU - C-453/21 - X-FAB Dresden

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CJEU - C-453/21 X-FAB Dresden
Cjeulogo.png
Court: CJEU
Jurisdiction: European Union
Relevant Law: Article 38 GDPR
Decided:
Parties: X-FAB Dresden GmbH & Co. KG
FC
Case Number/Name: C-453/21 X-FAB Dresden
European Case Law Identifier:
Reference from: BAG (Germany)
Language: 24 EU Languages
Original Source: Judgement
Initial Contributor: n/a

See Holding for questions referred.

English Summary[edit | edit source]

Facts[edit | edit source]

Facts pending decision.

Holding[edit | edit source]

Questions referred for a preliminary ruling:

1. Is the second sentence of Article 38(3) of Regulation (EU) 2016/679 to be interpreted as precluding a provision in national law, such as, in the present case, Paragraph 38(1) and (2) in conjunction with the first sentence of Paragraph 6(4) of the Bundesdatenschutzgesetz (Federal Law on data protection), which makes dismissal of the data protection officer by the controller, who is his employer, subject to the conditions set out therein, irrespective of whether such dismissal relates to the performance of his tasks?

If the first question is answered in the affirmative:

2. Does the second sentence of Article 38(3) of the GDPR also preclude such a provision in national law if the designation of the data protection officer is mandatory not in accordance with Article 37(1) of the GDPR, but only in accordance with the law of the Member State?

If the first question is answered in the affirmative:

3. Does the second sentence of Article 38(3) of the GDPR have sufficient legal basis, in particular in so far as it covers data protection officers that have an employment relationship with the controller?

If the first question is answered in the negative:

4. Is there a conflict of interests within the meaning of the second sentence of Article 38(6) of the GDPR if the data protection officer also holds the office of chairman of the works council established at the controlling body? Must specific tasks have been assigned within the works council in order for such a conflict of interests to be assumed to exist?

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