Can an employer, in exchange for funding training for the DPO, require a loyalty agreement?

ANSWER

An agreement on raising professional qualifications applies where an employee, during employment, receives additional benefits (such as funded training) in exchange for remaining in the employment relationship for a specified period (not exceeding three years). A loyalty agreement should not prohibit the employee from terminating the employment contract, but should only oblige the employee to reimburse the benefit received (for example, the training fee) if they terminate employment before the period specified in the loyalty agreement.

Concluding such a loyalty agreement requires the employee's consent. In principle, therefore, an employer who wishes to fund training or a course for an employee may require the signing of such a loyalty agreement. Article 38(2) GDPR, which requires supporting the Data Protection Officer and providing the resources necessary to maintain expert knowledge, does not exclude the possibility of concluding such an agreement between employer and employee. However, both parties must agree to such an agreement.