Resource Page Lesson Day 16 - Data Protection Authorities

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GDPR Resources

Art. 55 GDPR

Competence

1. Each supervisory authority shall be competent for the performance of the tasks assigned to and the exercise of the powers conferred on it in accordance with this Regulation on the territory of its own Member State.

2. 1Where processing is carried out by public authorities or private bodies acting on the basis of point (c) or (e) of Article 6(1), the supervisory authority of the Member State concerned shall be competent. 2In such cases Article 56 does not apply.

3. Supervisory authorities shall not be competent to supervise processing operations of courts acting in their judicial capacity.

Suitable Recitals

(122) Responsibility of the supervisory authorities

Art. 57 GDPR

Tasks

1. Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory:

   1. monitor and enforce the application of this Regulation;

   2. promote public awareness and understanding of the risks, rules, safeguards and rights in relation to processing. Activities addressed specifically to children shall receive specific attention;

   3. advise, in accordance with Member State law, the national parliament, the government, and other institutions and bodies on legislative and administrative measures relating to the protection of natural persons’ rights and freedoms with regard to processing;

   4. promote the awareness of controllers and processors of their obligations under this Regulation;

   5. upon request, provide information to any data subject concerning the exercise of their rights under this Regulation and, if appropriate, cooperate with the supervisory authorities in the other Member States to that end;

   6. handle complaints lodged by a data subject, or by a body, organisation or association in accordance with Article 80, and investigate, to the extent appropriate, the subject matter of the complaint and inform the complainant of the progress and the outcome of the investigation within a reasonable period, in particular if further investigation or coordination with another supervisory authority is necessary;

   7. cooperate with, including sharing information and provide mutual assistance to, other supervisory authorities with a view to ensuring the consistency of application and enforcement of this Regulation;

   8. conduct investigations on the application of this Regulation, including on the basis of information received from another supervisory authority or other public authority;

   9. monitor relevant developments, insofar as they have an impact on the protection of personal data, in particular, the development of information and communication technologies and commercial practices;

   10. adopt standard contractual clauses referred to in Article 28(8) and in point (d) of Article 46(2);

   11. establish and maintain a list in relation to the requirement for data protection impact assessment pursuant to Article 35(4);

   12. give advice on the processing operations referred to in Article 36(2);

   13. encourage the drawing up of codes of conduct pursuant to Article 40(1) and provide an opinion and approve such codes of conduct which provide sufficient safeguards, pursuant to Article 40(5);

   14. encourage the establishment of data protection certification mechanisms and of data protection seals and marks pursuant to Article 42(1), and approve the criteria of certification pursuant to Article 42(5);

   15. where applicable, carry out a periodic review of certifications issued in accordance with Article 42(7);

   16. draft and publish the requirements for accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43;

   17. conduct the accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43;

   18. authorise contractual clauses and provisions referred to in Article 46(3);

   19. approve binding corporate rules pursuant to Article 47;

   20. contribute to the activities of the Board;

   21. keep internal records of infringements of this Regulation and of measures taken in accordance with Article 58(2); and

   22. fulfil any other tasks related to the protection of personal data.

2. Each supervisory authority shall facilitate the submission of complaints referred to in point (f) of paragraph 1 by measures such as a complaint submission form which can also be completed electronically, without excluding other means of communication.

3. The performance of the tasks of each supervisory authority shall be free of charge for the data subject and, where applicable, for the data protection officer.

4. 1Where requests are manifestly unfounded or excessive, in particular, because of their repetitive character, the supervisory authority may charge a reasonable fee based on administrative costs, or refuse to act on the request. 2The supervisory authority shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.

Suitable Recitals

(122) Responsibility of the supervisory authorities

(123) Cooperation of the supervisory authorities with each other and with the Commission

(132) Awareness-raising activities and specific measures

(133) Mutual assistance and provisional measures

(137) Provisional measures

Art. 58 GDPR

Powers

1. Each supervisory authority shall have all of the following investigative powers:

   1. to order the controller and the processor, and, where applicable, the controller’s or the processor’s representative to provide any information it requires for the performance of its tasks;

   2. to carry out investigations in the form of data protection audits;

   3. to carry out a review on certifications issued pursuant to Article 42(7);

   4. to notify the controller or the processor of an alleged infringement of this Regulation;

   5. to obtain, from the controller and the processor, access to all personal data and to all information necessary for the performance of its tasks;

   6. to obtain access to any premises of the controller and the processor, including to any data processing equipment and means, in accordance with Union or Member State procedural law.

2. Each supervisory authority shall have all of the following corrective powers:

   1. to issue warnings to a controller or processor that intended processing operations are likely to infringe provisions of this Regulation;

   2. to issue reprimands to a controller or a processor where processing operations have infringed provisions of this Regulation;

   3. to order the controller or the processor to comply with the data subject’s requests to exercise his or her rights pursuant to this Regulation;

   4. to order the controller or processor to bring processing operations into compliance with the provisions of this Regulation, where appropriate, in a specified manner and within a specified period;

   5. to order the controller to communicate a personal data breach to the data subject;

   6. to impose a temporary or definitive limitation including a ban on processing;

   7. to order the rectification or erasure of personal data or restriction of processing pursuant to Articles 16, 17 and 18 and the notification of such actions to recipients to whom the personal data have been disclosed pursuant to Article 17(2) and Article 19;

   8. to withdraw a certification or to order the certification body to withdraw a certification issued pursuant to Articles 42 and 43, or to order the certification body not to issue certification if the requirements for the certification are not or are no longer met;

   9. to impose an administrative fine pursuant to Article 83, in addition to, or instead of measures referred to in this paragraph, depending on the circumstances of each individual case;

   10. to order the suspension of data flows to a recipient in a third country or to an international organisation.

3. Each supervisory authority shall have all of the following authorisation and advisory powers:

   1. to advise the controller in accordance with the prior consultation procedure referred to in Article 36;

   2. to issue, on its own initiative or on request, opinions to the national parliament, the Member State government or, in accordance with Member State law, to other institutions and bodies as well as to the public on any issue related to the protection of personal data;

   3. to authorise processing referred to in Article 36(5), if the law of the Member State requires such prior authorisation;

   4. to issue an opinion and approve draft codes of conduct pursuant to Article 40(5);

   5. to accredit certification bodies pursuant to Article 43

   6. to issue certifications and approve criteria of certification in accordance with Article 42(5);

   7. to adopt standard data protection clauses referred to in Article 28(8) and in point (d) of Article 46(2);

   8. to authorise contractual clauses referred to in point (a) of Article 46(3);

   9. to authorise administrative arrangements referred to in point (b) of Article 46(3);

   10. to approve binding corporate rules pursuant to Article 47.

4. The exercise of the powers conferred on the supervisory authority pursuant to this Article shall be subject to appropriate safeguards, including effective judicial remedy and due process, set out in Union and Member State law in accordance with the Charter.

5. Each Member State shall provide by law that its supervisory authority shall have the power to bring infringements of this Regulation to the attention of the judicial authorities and where appropriate, to commence or engage otherwise in legal proceedings, in order to enforce the provisions of this Regulation.

6. 1Each Member State may provide by law that its supervisory authority shall have additional powers to those referred to in paragraphs 1, 2 and 3. 2The exercise of those powers shall not impair the effective operation of Chapter VII.

Suitable Recitals

(122) Responsibility of the supervisory authorities

(129) Tasks and powers of the supervisory authorities

(131) The attempt of an amicable settlement