AG Richard De La Tour: GDPR Allows For Higher Protection Of Data ...

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In his Opinion in Leistritz AG (C‑534/20), Advocate General Richard de la Tour has advised the Court of Justice to rule that Article 38(3) of the General Data Protection Regulation (GDPR) does not preclude national legislation under which the employer of a data protection officer may dismiss her only for serious reasons, even if the reason for dismissal does not relate to the performance of the duties of the dismissed data protection officer.

The case stems from a reference for a preliminary ruling by the German Higher Labour Court on the validity and the interpretation of Article 38(3) GDPR, which safeguards the independence and autonomy of the data protection officer vis-à-vis his employer. According to applicable German legisla

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