Article 53 of the GDPR: Conditions applicable to members of supervisory authorities
Article 53 of the GDPR: Conditions applicable to members of supervisory authorities
Article 53 of the GDPR sets out the conditions of appointment, independence and exercise functions of members of supervisory authorities designated by Member States.
Article 53 of the GDPR explained
Each Member State defines the governing rules:
- The designation of members of the supervisory authority (procedure, duration of mandate, conditions of re-eligibility);
- The exercise of their functions in complete independence, without external influence;
- Their protection against any abusive 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 guarantee the’efficiency and credibility supervisory authorities.
Why is this article important for your GDPR compliance?
A transparent framework for the designation and functioning of supervisory authorities strengthens the trust of citizens and businesses in the impartiality of the decisions rendered. This also contributes to a homogeneous and balanced application GDPR across the European Union.
How to comply with Article 53 of the GDPR?
- Respect the prerogatives and independence of the members of the supervisory authority;
- Take their expertise into account during exchanges and checks;
- Follow official communications on appointment arrangements, particularly in the event of regulatory reform.
Examples of application of Article 53 of the GDPR
- A Member State publishes a law specifying the conditions for appointing members of its supervisory authority;
- A data controller requests an opinion from the authority, recognizing its independence of judgment;
- A member of the EDPS (European Data Protection Board) is appointed in compliance with the criteria of transparency and competence.
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