Overview

This article ensures that members of supervisory authorities are appointed transparently and possess the required qualifications in data protection. Members can only be dismissed for serious misconduct or failure to meet the prescribed conditions, ensuring independence and accountability in GDPR enforcement.


Key Principles

  • Transparent Appointment: Members are selected through an open and fair process.

  • Qualifications: Members must have expertise in data protection and relevant regulatory knowledge.

  • Protection Against Arbitrary Dismissal: Removal is allowed only for serious misconduct or non-fulfillment of requirements.

  • Independence: Ensures members can perform duties without undue influence.

Organizational Applicability

This article applies to:

  • Supervisory authorities established under GDPR in each EU Member State.

  • Public sector bodies responsible for appointing authority members.

  • Teams supporting authority governance, compliance, and operational oversight.

Implementation Requirements

  • Establish transparent procedures for member appointments.

  • Verify that candidates meet required data protection qualifications.

  • Implement safeguards to prevent arbitrary dismissal, except for documented serious misconduct or failure to meet conditions.

  • Maintain records of appointments, qualifications, and dismissal criteria.

Implementation Guidance

  • Develop and publish clear appointment policies and criteria.

  • Assess candidate expertise through certifications, experience, or formal training in data protection.

  • Train staff and leadership on appointment and dismissal procedures to maintain independence and compliance.

  • Review governance policies periodically to ensure transparency and accountability.

Periodic Review

  • Frequency: Annually or when appointments, qualifications, or regulations change.

  • Responsible Role: Supervisory authority leadership, Compliance Team, or Member State oversight.

  • Outcome: Ensure authority members are qualified, transparently appointed, and protected from undue influence or arbitrary dismissal.

Non-Compliance Risks

  • Fines: Up to €20 million or 4% of global annual turnover for supervised entities under the authority’s jurisdiction.

  • Legal Exposure: Enforcement actions or challenges to member appointments or dismissals.

  • Reputational Damage: Loss of public trust in the authority’s governance and impartiality.

  • Operational Risk: Inadequate qualifications or arbitrary dismissals may impair GDPR enforcement and regulatory oversight.