Article 52 of the GDPR: Independence of supervisory authorities
Article 52 of the GDPR: Independence of supervisory authorities
Article 52 of the GDPR guarantees that supervisory authorities act completely independently in the exercise of their missions. This independence is essential to ensure impartial and effective application of the regulation.
Article 52 of the GDPR explained
Supervisory authorities:
- Do not receive external instructions, whether from public or private institutions;
- Exercise their missions and powers in complete autonomy;
- Are protected against political or economic pressures;
- Are equipped with sufficient human, technical and financial resources.
The GDPR also requires that members of supervisory authorities be honest, competent and appointed according to transparent procedures.
Why is this article important for your GDPR compliance?
The independence of supervisory authorities makes it possible to guarantee equal treatment between companies, regardless of their size or influence. It is the foundation of the confidence in the data protection system.
How to comply with Article 52 of the GDPR?
- Respect the decisions and recommendations issued by your supervisory authority;
- Cooperate in good faith with it in the event of an inspection or request for information;
- Do not attempt to influence or circumvent their decisions;
- Encourage your partners to do the same.
Examples of application of Article 52 of the GDPR
- A company accepts an audit from the CNIL without attempting to put pressure on inspectors;
- German authority imposes fine on large international group without political intervention;
- A supervisory authority publishes a critical opinion with regard to processing implemented by the State, in complete autonomy.
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