How to notify the supervisory authority of the designation/change/dismissal of a DPO (Deputy DPO)

The only correct and effective manner of notifying about designation/change of data/dismissal of the DPO is a notification in electronic form, affixed with a qualified electronic signature or a signature confirmed by a trusted ePUAP profile (according to Art. 10(6) of the Act of 10 May 2018 on the Protection of Personal Data, hereinafter: the Act).

The notification is to be sent using one of the below mentioned services of the biznes.gov.pl website (available in Polish only), i.e.:

• Designation of a new Data Protection Officer
• Change of contact data of current Data Protection Officer
• Dismissal of the so far Data Protection Officer
• Dismissal of the so far Data Protection Officer and designation of new Data Protection Officer

Notifications effectively delivered to the Personal Data Protection Office are being confirmed by the Official Submission Proof (Urzędowe Poświadczenie Przedłożenia, UPP: generated by biznes.gov.pl in the form of a UPP.xml file) and by an e-mail, automatically sent to the address provided upon creating the account.

According to Art. 11a of the Act, “the entity which has designated an officer can designate a person replacing the officer during his or her absence […]”.

The notification to the President of the Personal Data Protection Office about the designation of Deputy DPO is made in the mode laid down in the Art. 10 of the Act (Art. 11a(3) of the Act), which states that the only correct and effective manner of notifying on the designation/change of data/dismissal of Deputy DPO is filling out the relevant questionnaire:

• Designation of a new Deputy Data Protection Officer
• Change of contact data of current Deputy Data Protection Officer
• Dismissal of the so far Deputy Data Protection Officer
• Dismissal of the so far Deputy Data Protection Officer and designation of new Deputy Data Protection Officer

and sending it as an attachment in electronic form by means of a general ePUAP letter. The title of the letter shall reflect the title of the form.

Notifications effectively delivered to the Personal Data Protection Office are confirmed by the Official Submission Proof (Urzędowe Poświadczenie Przedłożenia: generated by epuap.gov.pl in the form of a UPP.xml file).

In case of technical problems with completing the notification, technical support shall be contacted:

• platform biznes.gov.pl (https://www.biznes.gov.pl/en/help-centre) kept by the Ministry of  Entrepreneurship and Technology,
• ePUAP users support centre (https://epuap.gov.pl/wps/portal/strefa-klienta/pomoc - service available in Polish) in Centralny Ośrodek Informatyki (IT Centre under the Ministry of Digital Affairs).

NB: please, remember that notifications must be sent in Polish.