Limitarea accesului pe piaţa muncii a Responsabililor pentru protecţia datelor (DPO). Diferenţa între cerinţele solicitate de legislaţie şi interpretarea eronată a departamentelor de HR din România
Limiting the access of Data Protection Officers (DPOs) to the labor market. The difference between the legislative requirements and the misinterpretation of HR departments in Romania

Summary/Abstract: Since May 25th, 2018, the General Data Protection Regulation has been in force, and a new type of expert has emerged with a vital role in the proper implementation of the regulation – namely, the Data Protection Officer (DPO), as defined by Articles 37-39 of the GDPR and Article 10 of Law 190/18 July 2018, with subsequent amendments and additions. However, there remains considerable confusion among employers regarding the educational requirements for hiring DPOs, with the majority insisting on law graduates, which often restricts access to the labor market for data protection experts from other backgrounds. The present article aims to provide clarity on who can serve as a data protection officer and what educational background and competencies they should possess, in accordance with both GDPR provisions and Romanian legislation. It will also examine the existing occupational standard in the COR (Romanian Classification of Occupations), with the goal of ensuring that access to the labor market remains open to qualified data protection experts regardless of their specific academic background.

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