GDPR-K Article 37(1) - Designation of the data protection officer
Assess whether designation of a DPO is mandatory: public authority/body processing (subject to the court exception); core activities involving large-scale regular and systematic monitoring; or core activities involving large-scale Article 9 special-category or Article 10 criminal-offence data. Children’s data alone is not a separate Article 37 trigger. Check additional Union or Member State requirements. Where mandatory, designate a DPO with the required expertise, independence and reporting access.
Where this comes from
Provision: Article 37(1) - Designation of the data protection officer
Instrument: General Data Protection Regulation (EU) 2016/679
Citation: Regulation (EU) 2016/679, OJ L 119, 4.5.2016, Article 37(1)(a)-(c), 37(4), 37(5) and 37(7); read with Recital 97; Article 29 Working Party WP243 rev.01 (endorsed by the EDPB 25 May 2018) section 2.1
Text version: Regulation (EU) 2016/679 (GDPR), OJ L 119, 4.5.2016, as adopted (CELEX 32016R0679), read from the Publications Office Cellar manifestation on 2026-09-21 because EUR-Lex served an empty body to non-browser clients; the 2018 corrigendum (OJ L 127, 23.5.2018) was not retrievable, so any correction it made is unverified.
Who it applies to
It applies when all of these are true:
- Service is likely to be accessed by children under 18
- Service processes personal data
What engineering work it implies
Sample acceptance criteria Landfall generates for this obligation:
- Assess whether designation of a DPO is mandatory: public authority/body processing (subject to the court exception); core activities involving large-scale regular and systematic monitoring; or core activities involving large-scale Article 9 special-category or Article 10 criminal-offence data. Children’s data alone is not a separate Article 37 trigger. Check additional Union or Member State requirements. Where mandatory, designate a DPO with the required expertise, independence and reporting access.
- Record the actual core activities, monitoring, scale, data categories and national law. Child access selects this assessment only; it does not establish that a DPO is mandatory. Publish and communicate contact details where designated. Distinguish a voluntary appointment from a statutory requirement.
- Record the assessed scope, evidence and unresolved questions; completing this task is not a legal compliance determination.
Questions people ask
- Does GDPR-K Article 37(1) - Designation of the data protection officer apply to my service?
- It applies when Service is likely to be accessed by children under 18; Service processes personal data.
- From when does this apply?
- GDPR-K Article 37(1) - Designation of the data protection officer applies from 25 May 2018. Its current status is: in force.
Find out whether this one lands on you
Landfall's pre-scan answers the applicability question above for your product in minutes, then turns every obligation that applies into traceable engineering tickets with a citation chain your auditors can follow.
Not legal advice. Landfall maps regulatory obligations to engineering work for planning purposes. Its verdicts are not legal advice and create no attorney-client relationship — verify with qualified counsel before relying on them.