Can the Data Protection Officer (DPO) Serve as the Management Board Representative for NIS2?

ANSWER

The Data Protection Officer (DPO) may theoretically serve as the Management Board Representative, but several key considerations must be taken into account. Above all, in accordance with GDPR requirements, the DPO must be independent and may not undertake activities that could give rise to a conflict of interest. The role of Management Board Representative, particularly in the area of implementing and maintaining compliance obligations, may involve making decisions regarding risk management or the implementation of technical and organisational measures, which could conflict with the DPO's supervisory role.

However, if the scope of the Management Board Representative's duties does not breach the principles of independence, this is theoretically possible. In practice, however, separation of these roles is recommended in order to avoid conflicts of interest.