Article 51 of the GDPR: Missions and independence of supervisory authorities
Article 51 of the GDPR: Missions and independence of supervisory authorities
Article 51 of the GDPR establishes the obligation for each member state of the European Union to designate one independent supervisory authority responsible for ensuring the application of the regulations on its territory.
Article 51 of the GDPR explained
Each supervisory authority:
- Is entrusted with specific missions provided for by the GDPR (information, advice, control, sanction...);
- Has independent decision-making power vis-à-vis public or private authorities;
- May cooperate with other European authorities within the framework of the European Data Protection Board (EDPS).
This independence is essential to guarantee impartial and efficient application GDPR.
Why is this article important for your GDPR compliance?
The existence of an independent authority guarantees the effective protection of people's rights and there consistency in the application of the GDPR. In France, this mission is entrusted to the CNIL (National Commission for Information Technology and Liberties).
How to comply with Article 51 of the GDPR?
- Know the role of the competent supervisory authority for your company (generally head office);
- Follow its recommendations, practical guides and guidelines;
- Dialogue with authority in case of doubt or to report a data breach;
- Collaborate actively during controls or investigations carried out by this authority.
Examples of application of Article 51 of the GDPR
- A company consults the CNIL 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 in a compliance audit carried out by a German or Spanish authority depending on its location.
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