> For the complete documentation index, see [llms.txt](https://www.mica.wtf/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://www.mica.wtf/mica.wtf/gdpr/chapter-iv-controller-and-processor-art.-24-43/38.md).

# Art. 38 — Position of the data protection officer

1. The [controller](https://headlesslaw.com/definitions/gdpr/controller/) and the [processor](https://headlesslaw.com/definitions/gdpr/processor/) shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of [personal data](https://headlesslaw.com/definitions/gdpr/personal-data/).
2. The controller and processor shall support the data protection officer in performing the tasks referred to in [Article 39](/mica.wtf/gdpr/chapter-iv-controller-and-processor-art.-24-43/39.md) by providing resources necessary to carry out those tasks and access to personal data and [processing](https://headlesslaw.com/definitions/gdpr/processing/) operations, and to maintain his or her expert knowledge.
3. The controller and processor shall ensure that the data protection officer does not receive any instructions regarding the exercise of those tasks. He or she shall not be dismissed or penalised by the controller or the processor for performing his tasks. The data protection officer shall directly report to the highest management level of the controller or the processor.
4. Data subjects may contact the data protection officer with regard to all issues related to processing of their personal data and to the exercise of their rights under this Regulation.
5. The data protection officer shall be bound by secrecy or confidentiality concerning the performance of his or her tasks, in accordance with Union or Member State law.
6. The data protection officer may fulfil other tasks and duties. The controller or processor shall ensure that any such tasks and duties do not result in a conflict of interests.


---

# Agent Instructions
This documentation is published with GitBook. GitBook is the documentation platform designed so that both humans and AI agents can read, navigate, and reason over technical content effectively. Learn more at gitbook.com.

## Querying This Documentation
If you need additional information that is not directly available in this page, you can query the documentation dynamically by asking a question.

Perform an HTTP GET request on the current page URL with the `ask` query parameter, and the optional `goal` query parameter:

```
GET https://www.mica.wtf/mica.wtf/gdpr/chapter-iv-controller-and-processor-art.-24-43/38.md?ask=<question>&goal=<endgoal>
```

`ask` is the immediate question: it should be specific, self-contained, and written in natural language.
`goal` is optional and describes the broader end goal you are ultimately trying to accomplish on behalf of the user. GitBook uses it to tailor the answer towards what is most useful for that goal.

The response will contain a direct answer to the question and relevant excerpts and sources from the documentation.

Use this mechanism when the answer is not explicitly present in the current page, you need clarification or additional context, or you want to retrieve related documentation sections.