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Portugal: CNPD requests public comments on performance evaluation of employees that are DPOs

The Portuguese data protection authority (CNPD) published, on May 9, 2023, draft guidelines on performance evaluations of employees who are data protection officers (DPOs) and is requesting public comments on the same.

The draft guidelines provide information on assessing employees that are DPOs, including distinguishing between functional and non-functional activities, as well as ensuring that there is no conflict with the individual DPO function when undertaking other work. Importantly, the draft guidelines confirm that, in the absence of specific legal regulation, there should not be a combined evaluation of DPO and non-DPO tasks, highlighting that evaluations of employees with accumulated duties should be restricted to activities outside the perimeter of the DPO.

Finally, the CNPD clarified that although the draft guidelines are aimed at evaluating the performance of employees in the public sector, the underlying logic may also be extended to evaluations in private organizations.

You can read the press release here and the draft guidelines here, both only available in Portuguese.