Article 51 of the GDPR: Missions and Independence of Supervisory Authorities

· By Équipe DCO · 1 min read

Article 51 of the GDPR: Missions and Independence of Supervisory Authorities

Article 51 of GDPR Explained

Each supervisory authority:

  • Is entrusted with specific missions provided for by the GDPR (information, advice, control, enforcement, etc.);
  • Has independent decision-making power vis-à-vis public or private authorities;
  • Can cooperate with other European authorities within the framework of the European Data Protection Board (EDPB).

This independence is essential to guarantee an impartial and effective application of the GDPR.

Why this article is important for your GDPR compliance

The existence of an independent authority guarantees the effective protection of individuals' rights and the consistency in the application of the GDPR. In France, this mission is entrusted to the French supervisory authority (Commission nationale de l’informatique et des libertés).

How to comply with Article 51 of the GDPR?

  • Understand the role of the competent supervisory authority for your company (generally, that of the headquarters);
  • Follow its recommendations, practical guides, and guidelines;
  • Engage with the authority in case of doubt or to report a data breach;
  • Actively collaborate during audits or investigations conducted by this authority.

Examples of Application of GDPR Article 51

  • A company consults the French supervisory authority to clarify the processing framework for a new mobile application;
  • A data breach is notified to the supervisory authority within 72 hours;
  • A company cooperates with a compliance audit conducted by a German or Spanish authority depending on its location.

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