Overview

This article requires Member States to establish independent supervisory authorities with defined qualifications, transparent appointment rules, and minimum four-year terms for members. Independence is reinforced through staggered appointments and conditions for reappointment. Members and staff must uphold professional secrecy regarding confidential data during and after their tenure.


Key Principles

  • Independent Establishment: Authorities must be autonomous and free from external influence.

  • Transparent Appointment: Clear rules and qualifications govern member selection.

  • Fixed Term and Staggering: Members serve a minimum of four years, with staggered terms to maintain continuity and independence.

  • Professional Secrecy: Members and staff must protect confidential data during and after their service.

  • Accountability: Authorities operate transparently while maintaining independence.

Organizational Applicability

This article applies to:

  • Supervisory authorities established in each EU Member State.

  • Public sector bodies responsible for authority governance, member appointments, and oversight.

  • Teams involved in compliance, staffing, and administration of the authority.

Implementation Requirements

  • Establish supervisory authorities with qualified members and clear appointment processes.

  • Set minimum four-year terms with staggered appointments to ensure continuity and independence.

  • Enforce rules for professional secrecy for all members and staff.

  • Document governance policies, appointment criteria, and confidentiality obligations.

Implementation Guidance

  • Develop clear appointment and reappointment procedures consistent with GDPR requirements.

  • Maintain a register of member terms and staggering schedules.

  • Train members and staff on professional secrecy obligations and independence requirements.

  • Periodically review governance and appointment policies for compliance and effectiveness.

Periodic Review

  • Frequency: Annually or when appointments, terms, or governance policies change.

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

  • Outcome: Ensure authority establishment and governance meet GDPR requirements for independence, transparency, and confidentiality.

Non-Compliance Risks

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

  • Legal Exposure: Challenges to authority establishment, appointments, or independence.

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

  • Operational Risk: Improper establishment or governance may impede GDPR enforcement and regulatory operations.