Overview

This article defines the tasks of supervisory authorities under GDPR. Authorities are responsible for monitoring compliance, promoting awareness among the public and controllers, advising on data protection laws, handling complaints, cooperating with other authorities, conducting investigations, and adopting standard contractual clauses. They also maintain records, approve codes of conduct, certifications, and Binding Corporate Rules (BCRs), and ensure that complaint processes are accessible unless requests are unfounded or excessive.


Key Principles

  • Compliance Monitoring: Ensure controllers and processors adhere to GDPR obligations.

  • Awareness and Guidance: Promote understanding of data protection laws among organizations and the public.

  • Complaint Handling: Provide accessible complaint mechanisms and respond appropriately.

  • Cooperation and Investigation: Coordinate with other authorities and conduct investigations when necessary.

  • Approval and Oversight: Approve codes of conduct, certifications, and BCRs.

  • Record Keeping: Maintain comprehensive records of tasks and decisions.

Organizational Applicability

This article applies to:

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

  • Controllers and processors subject to oversight and compliance monitoring.

  • Public and private sector entities responsible for interacting with supervisory authorities.

Implementation Requirements

  • Establish mechanisms to monitor GDPR compliance across all regulated entities.

  • Provide guidance, advice, and public awareness initiatives regarding data protection.

  • Implement structured complaint handling processes, including escalation and investigation.

  • Approve and oversee codes of conduct, certifications, and BCRs.

  • Maintain records of tasks, decisions, and compliance-related activities.

Implementation Guidance

  • Develop internal procedures for monitoring, complaints, investigations, and approvals.

  • Train staff on GDPR oversight responsibilities and complaint management.

  • Coordinate with other supervisory authorities for cross-border issues.

  • Ensure complaint handling is efficient and accessible, while filtering unfounded or excessive requests.

Periodic Review

  • Frequency: Annually or when regulations, organizational structure, or supervisory scope changes.

  • Responsible Role: Supervisory authority leadership, Compliance Team, or Legal.

  • Outcome: Ensure supervisory tasks are effectively performed, documented, and GDPR compliance is maintained.

Non-Compliance Risks

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

  • Legal Exposure: Enforcement actions if supervisory tasks are improperly executed.

  • Reputational Damage: Loss of trust among data subjects, organizations, and regulators.

  • Operational Risk: Ineffective monitoring, complaint handling, or approvals may undermine GDPR enforcement.