Can a foreigner fulfill the function of a DPO?

The function of DPO can be performed in Poland by a foreigner. However, it should be emphasized that one of the important tasks of the DPO is to act as a contact point for data subjects (Article 38(4) of the GDPR) and for the supervisory authority (Article 39(1)(e) of the GDPR). The Article 29 Working Party, in its Guidelines on Data Protection Officers , indicates that the DPO "must be in a position to efficiently communicate with data subjects and cooperate with the supervisory authorities concerned. This also means that this communication must take place in the language or languages used by the supervisory authorities and the data subjects concerned”.

Consequently, it should be considered that the controller is obliged to ensure efficient and effective communication between the DPO and the supervisory authority and data subjects in Polish.