News item | 14-02-2025 | 19:00
To strengthen the position of the Data Protection Officer (FG) and to guarantee the quality, work is currently being done on a quality register for and by FGs. All efforts are aimed at coming in the course of 2025 to the actual establishment of Dutch (formerly National) Register for Data Protection Officers (NRFG).
The Data Protection Officer
The General Data Protection Regulation (AVG) has been applicable in the entire European Union since 25 May 2018. The AVG is remarkably often experienced in the field as too complicated and an obstacle to doing what is good and necessary. In his speech, State Secretary for Legal Protection Struycken emphasized the fundamental rights of the European Union at the Dutch Data Protection Authority therefore also the importance of strengthening the position of the FG. The FG can break the fear of the AVG at organizations and governments and break through action. The guarantee of the quality and strengthening of the position of the FG are crucial for better compliance with the AVG by organizations and governments.
The role and tasks of an FG are broadly laid down in the AVG and the 2016/680 Directive. Pursuant to Article 37 of the AVG, the appointment of an FG is mandatory for a number of organizations, including governments. An FG performs a valuable task in and for society. Within an organization, the FG supervises compliance and application of the relevant laws and regulations regarding privacy and processing of personal data.
Although the role and tasks of the FG are legally guaranteed, in principle everyone can call themselves FG. As a result, large differences can exist with regard to the substantive level of FGs. To remedy that, there will be a quality register. FGs must meet minimum quality requirements for this.
The Dutch Register for Data Protection Officers (NRFG)
At the beginning of 2023, CIP, the Center for Information Security and Privacy Protection, commissioned by the Ministry of Justice and Security, started an exploratory investigation into the possibilities for improving the position of the FG. For the exploration, it was discussed with various parties and people involved in the public and private sector, with knowledge of and experience with the AVG and the guideline and the challenges that come with it. It can be concluded from this that a register, the Dutch register for FGs (the NRFG), could ensure a quality boost. The NRFG can also ensure more cohesion between FGs and further professionalizing the FG function, and can therefore help improve (the supervision of) data protection and strengthen the position of the FG. Clearer quality characteristics within the profession can also lead to recognition and recognition of a good FG. The NRFG is for, by and from the profession itself and registration in the register is not an obligation. All efforts are aimed at getting the actual establishment of the NRFG in the course of 2025. The Ministry of Justice and Security supports this initiative to strengthen the position of the FGs and to guarantee quality.
Updates
In the course of the coming weeks, work will be done on a web page with more information, including a FAQ page.