GDPR Article 58: Powers of Supervisory Authorities

· By Bertrand BucelleBertrand Bucelle · 2 min read

GDPR Article 58: Powers of Supervisory Authorities

Article 58 of the GDPR Explained

Supervisory authorities can exercise four main categories of powers:

  • Investigative powers: access premises, question personnel, request any useful document;
  • Corrective powers: issue warnings, order compliance, limit or prohibit processing, impose fines;
  • Authorisation powers: validate specific processing operations, approve codes of conduct, approve binding corporate rules;
  • Advisory powers: issue opinions to public or private institutions.

These powers are exercised with due regard for the right to an effective remedy and the right to be heard.

Why is this article important for your GDPR compliance?

Article 58 defines the scope of intervention of your supervisory authority. Knowing this helps you to anticipate an inspection, respond to a request, or adapt your behaviour in the event of a sanction.

How to Comply with GDPR Article 58?

  • Prepare to justify your processing operations in the event of an audit (register, legal basis, security measures);
  • Comply with decisions or corrective measures imposed by the authority;
  • Cooperate fully during audits or investigations;
  • Consult the authority if you plan a high-risk or innovative processing operation.

Examples of application of Article 58 of the GDPR

  • A company receives a warning following excessive data collection;
  • The French supervisory authority orders the suspension of facial recognition processing in a public place;
  • An authority approves a sectoral code of conduct on HR data management;
  • An opinion is issued on a legislative reform concerning health data.

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