Article 53 of GDPR: Conditions Applicable to Members of Supervisory Authorities
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By 
Bertrand Bucelle · 2 min read
Article 53 of the GDPR explained
Each Member State defines the rules governing:
- The appointment of the members of the supervisory authority (procedure, term of office, conditions for re-eligibility);
- The exercise of their functions in complete independence, without external influence;
- Their protection against unfair dismissal or political pressure;
- Their obligation of loyalty, integrity, and competence.
The GDPR requires that these provisions be clearly defined in national legislation in order to ensure the effectiveness and credibility of the supervisory authorities.
Why this article is important for your GDPR compliance?
A transparent framework for the designation and operation of supervisory authorities strengthens the trust of citizens and businesses in the impartiality of decisions rendered. This also contributes to a consistent and balanced application of GDPR throughout the European Union.
Practical Applications of GDPR Article 53
- A Member State publishes a law specifying the conditions for the appointment of the members of its supervisory authority;
- A data controller requests an opinion from the authority, recognising its independence of judgment;
- A member of the EDPB (European Data Protection Board) is appointed in compliance with the criteria for transparency and competence.
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How to comply with Article 53 of the GDPR?