Page 1

Publisher: Cabinet of Ministers

Posted:

Type: rules

Latvijas Vēstnesis, 195,

Number: 620

10/08/2020

Adopted: 06.10.2020

OP number: 2020 / 195.5

Entry into force: 09.10.2020.

Regulations of the Cabinet of Ministers No. 620
Riga, October 6, 2020 (protocol No. 59 § 7)

Data protection specialist qualification rules
Issued in accordance with the Personal Data Processing Law
Article 18, fifth paragraph, and Article 19, third paragraph

I. General question
1. The Regulations prescribe:
1.1. the procedure by which a person who wishes to take the qualification examination of a data protection specialist (hereinafter applicant), apply for the data protection specialist qualification examination (hereinafter - the examination)
sorting;
1.2. the content of the exam;
1.3. the procedure for the examination and assessment;
1.4. requirements for the maintenance of professional qualifications;
1.5. the procedure for maintaining the list of data protection specialists.

II. Exam content, organization and course
2. The examination shall test the applicant's knowledge and skills in the following areas:
2.1. Theoretical framework and legal framework for the protection of personal data in accordance with
Council Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data
processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation)
(hereinafter referred to as the General Data Protection Regulation) and the Personal Data Processing Law :
2.1.1. personal data protection concepts;
2.1.2. Territorial and material scope of the General Data Protection Regulation;
2.1.3. principles of personal data processing;
2.1.4. legal bases for personal data processing;

1/10

Page 2

2.1.5. the rights and information obligations of the data subject;
2.1.6. the controller and the processor, as well as the requirements for ensuring compliance with the protection of personal data;
2.1.7. transfer of personal data to third countries or international organizations;
2.1.8. supervisory authority and consistency mechanism;
2.1.9. remedies;
2.2. responsibility of the controller and security of personal data:
2.2.1. technical solutions for personal data processing;
2.2.2. information security maintenance system and its management;
2.2.3. risk analysis, management and audit of personal data processing;
2.2.4. the impact of innovative technologies on personal data protection aspects and the impact assessment on
data protection;
2.2.5. personal data protection violation;
2.2.6. integrated data protection and data protection by default;
2.3. legal framework and case law on personal data protection:
2.3.1. sectoral legal framework for the protection of personal data and its interaction with the General
the provisions of the data protection regulation;
2.3.2. European Union and other international law governing the protection of personal data and
impact on Latvia's national regulatory framework;
2.3.3. case law on personal data protection.

3. Not later than two months before the day of the examination, the Data State Inspectorate (hereinafter - the Inspectorate)
announce the application for the examination by publishing a notice in the official publication "Latvijas Vēstnesis" and the inspections
website. The notice shall specify the time of the examination, the application deadline, as well as the payment and the document
submission procedure. The deadline for applying for the exam cannot be shorter than one calendar month. Exam procedures
the place shall be announced by publishing the information on the inspection website two calendar weeks before the date of the examination.

4. In order to apply for the examination, the applicant shall submit an application to the Inspectorate. The application shall indicate:
4.1. name, surname;
4.2. personal identification code;
4.3. electronic mail address;
4.4. telephone number, if the tenderer wishes to indicate it as an additional type of communication;
4.5. information that payment has been made for taking the examination, or a document certifying payment or so shall be attached
copy (uncertified).

5. The applicant shall pay for the examination in accordance with the regulatory enactments regarding inspection fees
price list of services for the specified amount and payment procedure. The applicant has the right to the inspection
at the end of the application period in writing to withdraw your application and receive a refund of the money paid for the exam
sorting.

2/10

Page 3

6. The Inspectorate shall evaluate the information referred to in Paragraph 4 of these Regulations application and the documents attached thereto and two weeks
within the time after receipt of the application shall be sent electronically a statement to the applicant that he has been authorized to take the examination; or
refusal to take the exam. If the Inspectorate finds deficiencies in the submission referred to in Paragraph 4 of these Regulations , it shall
a deadline shall be set for the tenderer to eliminate the deficiencies.

7. The Inspectorate shall send the applicant a refusal to take the examination and refund the money paid if there is any
for the following reasons:
7.1. the tenderer has missed the specified application deadline;
7.2. the applicant has not paid in full for passing the examination;
7.3. the information referred to in Paragraph 4 of these Regulations has not been provided .

8. Upon arrival to the examination, the applicant shall present an identity document to the inspection representative.
Before the examination, the inspection representative assigns a unique identification code to each applicant.

9. Prior to the examination, the representative of the inspection shall inform the applicants regarding the procedure for the examination.

10. If the applicant misses the beginning of the examination, he or she has the right to take the examination with the permission of the inspection representative,
but its execution time is not extended. Such permission shall not be granted if any of the tenderers has already completed the examination
exam and left the exam room.

11. If a candidate does not attend the examination for justifiable reasons, he / she has the right to take it in the next
at the announced examination time and the second time the payment for the examination does not have to be made. Applicant for
inform the inspectorate before the start of the examination and, if this is not possible, no later than
within one month after the date of the examination. It shall be decided whether the reasons for non-attendance are justified
the director of the inspection on the basis of a written submission of the applicant, accompanied by justifying circumstances
supporting documents. The applicant may appeal the decision of the Director of the Inspectorate to the Administrative Procedure Law
the procedures specified.

12. If the reasons for which the candidate did not attend the examination are not considered to be justified or the
has not notified the Inspectorate of the absence and the reasons thereof within the term referred to in Paragraph 11 of these Regulations regarding the examination
the money paid for the settlement is not refunded.

13. During the examination, the candidates who take the examination may be in its premises (hereinafter - the examination room),
and inspection representatives.

14. A representative of the Inspectorate shall record the course of the examination. The examination report shall be signed in the relevant examination
inspection representatives present. The minutes shall indicate:
14.1. the date and place of the examination;
14.2. the inspection representatives present at the relevant examination;
14.3. the beginning and end time of the first and second parts of the examination;
14.4. applicants who miss the start of the first or second part of the examination, as well as the time when they have arrived;
14.5. a candidate who leaves the examination room during the first or second part of the examination, as well as
the applicant leaves the examination room and returns to it;
14.6. the time when the last applicant has submitted the first and second part of the examination paper;

3/10

Page 4

14.7. the number of applicants;
14.8. other events related to the course of the examination.

15. Examination questions and tasks shall be prepared by the Inspectorate.

16. The examination has two parts:
16.1. in the first part, the applicant provides written answers to 60 test questions, divided into three sections
in accordance with the areas referred to in Paragraph 2 of these Regulations , - 30 questions regarding Paragraph 2.1 of these Regulations. referred to in subparagraph
scope, 20 questions on Article 2.2 of this Regulation. and 10 questions on this provision
2.3. the area referred to in subparagraph;
16.2. in the second part the applicant in writing solves two practical tasks.

17. The exam takes place in one day. The duration of one part of the exam is two hours.

18. The applicant shall take the first and second parts of the examination using the examination paper completion sheet. On the execution of the work
the pages shall indicate the identification code referred to in Paragraph 8 of these Regulations .

19. It is prohibited for the applicant to use the texts of regulatory enactments, legal literature, communications during the examination
means (such as telecommunications, electronic notebooks) and other aids.
The second part of the examination allows the use of auxiliary materials issued by the inspection.

20. A candidate is prohibited from talking and disturbing other applicants during the examination , as well as from leaving the examination.
room without the permission of the inspection representative .

21. If the applicant does not comply with the prohibitions referred to in Paragraph 19 of these Regulations , the representative of the Inspectorate in the protocol and
a note shall be made on the performance sheet of the tenderer regarding the issued warning and the relevant tenderer shall be expelled from the examination
premises. If the applicant does not comply with the prohibitions referred to in Paragraph 20 of these Regulations , the inspection representative shall warn him / her and
a note regarding the warning shall be made in the protocol and on the applicant's performance sheet. If the applicant after the warning
the receipt violation is committed repeatedly, the inspection representative shall make the report and the applicant's work performance sheet
a note regarding the issued warning and expel the relevant applicant from the examination room. After the applicant has been expelled from
the representative of the inspection of the examination room prohibits the applicant to participate in the further passing of the examination and the protocol
make a note that the exam has not been passed.

22. It is permitted to leave the examination premises temporarily during the examination, upon receipt of the permission of the representative of the Inspectorate.
The representative of the Inspectorate allows only one applicant to leave the examination room at a time. In this case, the applicant
hand over his worksheet to the inspector and the inspector shall note the absence on it; and
time. The exam execution time for the applicant is not extended.

23. At the end of the time for preparation of answers or upon completion of the preparation of answers before the specified time, the applicant
the examination paper is handed over to the inspection representative.

24. After submitting the examination paper, the applicant shall leave the examination room.

III. Examination evaluation commission
25. Applicants' knowledge in the examination shall be assessed by the assessment of the examination established by the order of the Director of Inspection
commission (hereinafter - commission). The Commission shall consist of at least three members. The members of the commission may be persons
who have knowledge and practical work experience in personal data protection.

4/10

Page 5

26. The members of the Commission are responsible for the confidentiality of the content of the examination.

IV. Evaluation procedures and communication of results
27. The commission shall not evaluate the examination paper or a part thereof and shall not make an entry in the work performance sheet and minutes, if so
finds one of the following conditions:
27.1. the candidate has indicated the given name, surname or other identifying data on the examination paper
(except for the identification code referred to in Paragraph 8 of these Regulations );
27.2. the answers to the examination paper are given in writing in pencil;
27.3. the applicant's handwriting is illegible ;
27.4. the performance sheet shall contain an indication from the inspection representative present in the specific part of the examination that the applicant is
has committed the violation referred to in Paragraph 19 of these Regulations or two violations referred to in Paragraph 20 of these Regulations .

28. The first part of the examination is passed if the proportion of correct answers is at least 80% and within each chapter
the proportion of correct answers provided is not less than 30%. The commission does not evaluate the second part of the examination if the first part of the examination
received a negative rating.

29. The answers of the second part of the examination shall be evaluated in a 10-point system in accordance with the evaluation criteria of the examination ( Annex 1 ).

30. Each member of the commission evaluates the applicant's answers to all the questions of the second part of the examination, each
the assessment of the answer shall be entered on the assessment sheet of the second part of the examination ( Annex 2 ) and, if necessary, a brief
justification for the assessment. After evaluating all the answers, the member of the commission records the total evaluation of all the answers, which
is obtained by summing the evaluations of the answers to the tasks of the second part and dividing by the total number of questions of both tasks. The resulting
the arithmetic result shall be rounded off to the nearest whole number if necessary, followed by the decimal point "5"
or greater than "5", round up) and sign the rating sheet. If the arithmetic result obtained does not reach four
points, it is not rounded, in which case the rating is one, two or three points, respectively (unsatisfactory rating).

31. The second part of the examination is passed if after the award of all the members of the commission (who participate in the evaluation of the examination)
the candidate is divided by the number of members of the commission (who participate in the evaluation of the examination)
received at least seven points. The arithmetic result obtained is, if necessary, rounded to the nearest whole number
(Decimals with a decimal point of "5" or greater than "5" are rounded up).

32. The Commission shall record the assessment in the minutes. The minutes completed by each member of the commission shall be attached to the minutes
rating sheet.

33. The chairman of the commission shall submit commissions to the director of the inspection within 10 working days after the end of the examination
signed a protocol on the results of the applicants' examination.

34. The director of the Inspection, on the basis of the protocol submitted by the commission, shall make a decision regarding within five working days
inclusion of the applicant in the list of data protection specialists (hereinafter - the list), if the applicant has passed an examination
successfully passed, or for refusal to include the candidate in the list if he or she has not passed the examination.

35. The Inspectorate shall send the decision referred to in Paragraph 34 of these Regulations to the applicant as indicated in his or her submission
e-mail address within five working days after the decision is made.

36. If an applicant has not passed the examination, he or she is entitled to re-apply for the examination. Exam
the number is not limited.

5/10

Page 6

V. Procedure for maintaining the list

37. The Inspectorate shall immediately, but not later than within five working days after taking a decision regarding data protection
the inclusion of a specialist in the list updates the list on their website.

38. The Inspectorate shall, within 15 working days after receipt of the notification of the data protection specialist regarding the findings
errors and changes in the information included in the list concerning him, a decision shall be made to make changes
refusal to amend the list.

39. The Inspectorate has the right to request documents or copies thereof from a data protection specialist, which certify this
the facts specified in the notification referred to in paragraph 38 of this Regulation.

VI. Requirements for maintaining professional qualifications

40. In order to maintain a qualification, a data protection specialist shall participate as a lecturer or training participant
in - service training (hereinafter referred to as training) in the field of personal data protection or in another field which
related to the performance of the duties of a data protection specialist (not less than 36 academic hours within three years after
inclusion in the list or 50.1. of the decision referred to in paragraph 1, of which not less than
18 academic hours in the field of personal data protection).

41. A data protection specialist as a lecturer or training participant may participate in inspections, this Regulation
42 referred to the training organizers, other institutions or legal persons, other national data supervisors or
educational institutions, professional organizations of data protection specialists or international data protection
training organized by organizations, provided that such training is organized in the field of personal data protection or in another field which
related to the performance of the duties of a data protection specialist.

42. Training in the field of personal data protection in Latvia shall be organized by the Inspectorate or training organizers. Training
the teacher has knowledge and at least the last four years of practical work experience in the field of personal data protection.

43. The training organizer referred to in Paragraph 42 of these Regulations in Latvia not later than two months before the training
uzsā the start statement submitted to the Inspection for organizing the training. The notification shall be accompanied by documents which:
certifies the qualifications and experience of the teachers and the curriculum.

44. The Inspectorate shall evaluate the notification referred to in Paragraph 43 of these Regulations and take a decision regarding the intended within one month
the compliance of the training with the in-service training measure in the field of personal data protection.

45. The Inspectorate shall publish on its website the information at its disposal regarding:
45.1. training in the field of personal data protection in Latvia, which shall be recognized in accordance with Paragraph 44 of these Regulations
on the measure of professional development of a data protection specialist, indicating the number of academic hours,
which are awarded for its attendance;
45.2. data from other countriessupervisory authorities, professional organizations of data protection professionals and
international data protection organizations whose training is recognized as data protection
specialist training measures in the field of personal data protection;
45.3. other training organized abroad in the field of personal data protection, as well as in Latvia or abroad
organized training in areas related to the performance of the duties of a data protection officer.

46. ​The data protection specialist shall not later than three years and two months from the date of the decision on
the inclusion of a data protection specialist in the list or a decision regarding the recognition of the maintenance of a qualification shall be submitted
6/10

Page 7

an application to the Inspectorate regarding the recognition of the maintenance of the qualification of a data protection specialist ( Annex 3 ).
The application shall be accompanied by the documents available to the data protection specialist, which confirm all the attended training
the duration of the course and its successful completion, information on the organizer of the training, the orientation and topic of the training, the program,
the target audience of the study, proof of the number of relevant academic hours obtained, professional qualifications
participating in a promotion event as a teacher or as a participant in training.

47. The Inspectorate shall evaluate the information referred to in the submission regarding the recognition of the maintenance of the qualification of a data protection specialist
the relevance of the training to the areas in which the maintenance of the data protection specialist 's qualification is required, information on
the organizer of the study, information regarding the duration of the study visit, participating as a lecturer or as a study
the participant, the number of academic hours to be determined for the training, information on successful completion of the examination,
if such was provided at the end of the training.

48. One academic hour shall be determined for studies for each astronomical hour (60 minutes), if the studies comply
following criteria:
48.1. training organizer - inspection, accredited educational institution of Latvia or other countries, public administration
institution, legal person, association of persons or foundation, data protection of Latvia or other countries
a professional organization of specialists or an international data protection organization;
48.2. learning orientation and theme - training for the audience with prior knowledge, the theme of the attended training is related to
the protection of personal data or any other area related to the performance of the duties of a data protection specialist.

49. Academic hours shall be doubled for studies which have passed the final examination, if any
provided at the end of the training, as well as if the data protection specialist participates in the training as a lecturer (lecturer,
rapporteur at the conference).

50. The Inspectorate shall, within one month after receipt of the information referred to in Paragraph 46 of these Regulations , accept one of the
the following decisions:
50.1. fully recognize training as a data protection professional development measure by setting
the number of academic hours, and to recognize the maintenance of the qualification of a data protection specialist;
50.2. refuse to recognize training as a training measure for a data protection officer and delete it
data protection specialists from the list;
50.3. partially recognize training as a data protection specialist training and data
maintaining the qualification of the data protection specialist by imposing an obligation on the data protection specialist
to participate in the training for the specified number of academic hours, if the data protection specialist attended the training
the duration of the course is at least 18 academic hours, but less than 36 academic hours.

51. Not later than four months from Article 50.3 of these Regulations. data on the date of the decision referred to in
the protection specialist shall repeatedly submit to the Inspectorate an application regarding the qualification of the data protection specialist
recognition of maintenance ( Annex 3 ).

52. The Inspectorate shall, within 15 working days, evaluate the repeatedly submitted submission regarding the data protection specialist
recognition of the maintenance of qualifications and accept Article 50.1. or 50.2. the decision referred to in

53. If a data protection specialist is removed from the list, he or she may retake the examination.

VII. Closing remarks
54. If a data protection specialist is included in the list before the date of entry into force of these Regulations, in these
the requirements provided for in the Regulations for the maintenance of professional qualifications shall be applicable to him or her for a period of three years
from the date of entry into force of these Regulations.

7/10

Page 8

55. The Regulations shall enter into force on 9 October 2020.

Prime Minister of the United Kingdom Kariņš
Deputy Prime Minister,
Minister of Justice J. Bordāns

Annex 1
Cabinet
October 6, 2020
to Regulation No. 620

Assessment of the second part of the data protection specialist qualification exam
criteria

No.

Explanation,

Rating

pk

Acquisition level

evaluation criteria

1.

10

Excellent understanding of the professional needs of specialists
regulatory enactments. Excellent ability to use the acquired ones independently
knowledge. Ability to act as an industry expert

2.

9

Complete understanding of the specialist in professional activities
necessary regulatory enactments. Acquired skill independently
use the acquired knowledge

Excellent

3.

8

Sufficient understanding of a specialist in professional activities
necessary regulatory enactments. Able to acquire knowledge and
skills to use in standard situations, but can be found separately
insufficient understanding of complex issues

Very good

4.

7

The norms necessary for the professional activity of specialists have been mastered
acquired the ability to use the acquired knowledge independently, but established
also some minor shortcomings in addressing the most complex issues

5.

6

Satisfactory understanding of the specialist in professional activity
necessary regulatory enactments, acquired skills independently
to use the acquired knowledge, but a separate issue can be established
insufficiently deep understanding and inability to use the acquired knowledge
solving certain problems

6.

5

Overall satisfactory understanding of the specialist in professional activities
necessary regulatory enactments, partial skill has been acquired
to use the acquired knowledge independently, but significant shortcomings can be identified
ability to apply the acquired knowledge in practice

7.

4

Acquired superficial knowledge of a specialist in professional activity
necessary regulatory enactments, but is unable to obtain the obtained
knowledge and skills to use

8.

3

Superficial knowledge of the most frequently used specialists has been acquired
regulatory enactments necessary for professional activity, however
no skills to use them in practice

Weak

9.

2

Very poor knowledge of the most frequently used specialists in the professional
necessary regulatory enactments and do not have the skills to do so
practical use

Very weak

10.

1

There is no understanding of the most frequently used in the professional activity of specialists
necessary regulatory enactments. There are no specialists
knowledge and skills required for professional activity

Excellent

OK good

Almost good

Average

Almost mediocre

Unsatisfactory

Deputy Prime Minister,
Minister of Justice J. Bordāns

Annex 2
Cabinet
October 6, 2020
to Regulation No. 620
8/10

Page 9

Assessment of the second part of the data protection specialist qualification examination
page

Date of test

Applicant identification code

Notes

Question number

Task 1

Task 2

Notes

Overall rating (110)

Member of the Commission
(name, surname, signature)
Deputy Prime Minister,
Minister of Justice J. Bordāns

Annex 3
Cabinet
October 6, 2020
to Regulation No. 620
Data for the State Inspectorate
Application for recognition of maintenance of professional qualification
I. General information
Name, surname of the data protection specialist

Phone number of the data protection specialist

E-mail address

II. Information on professional development measures
Confirmation
that is successful
settled
Training

Training

Training

Training

training end

Attached
document or other
source of information,
which confirms

9/10

Page 10

No.
pk

Training
type and
name

Training
organizer

Training
developments
Training
orientation
time and
target audience
and theme
place

duration of the processtest or
(academic
hours)

learning processes

participated
training as
teacher

time, place,
under consideration
questions and
specialist participation
event

I certify that the information provided on the professional development measures is true.

(signature of a specialist)

(date)

Deputy Prime Minister,
Minister of Justice J. Bordāns

© Official publisher "Latvijas Vēstnesis"

10/10

