Overview

This article outlines the powers of supervisory authorities under GDPR. Authorities have investigative powers to access data, conduct audits, and notify infringements; corrective powers to issue warnings, reprimands, or orders for compliance, data erasure, or processing bans; and advisory powers to guide controllers, approve codes of conduct, certifications, and standard clauses. Authorities enforce GDPR while providing safeguards, judicial remedies, and may initiate legal proceedings when necessary.

Key Principles

  • Investigative Authority: Access data, perform audits, and identify infringements.

  • Corrective Measures: Issue warnings, reprimands, compliance orders, or bans on processing.

  • Advisory Role: Guide controllers, approve codes of conduct, certifications, and standard clauses.

  • Enforcement and Safeguards: Apply GDPR powers while ensuring due process and judicial remedies.

  • Legal Proceedings: Initiate proceedings against non-compliant entities as needed.

Organizational Applicability

This article applies to:

  • Supervisory authorities in each EU Member State.

  • Controllers and processors subject to authority oversight and enforcement.

  • Public and private sector organizations involved in GDPR compliance and regulatory interactions.

Implementation Requirements

  • Implement mechanisms to investigate, audit, and detect GDPR infringements.

  • Apply corrective actions including warnings, orders, or processing restrictions.

  • Provide guidance and approve codes of conduct, certifications, and standard clauses.

  • Ensure enforcement actions include appropriate safeguards and judicial remedies.

Implementation Guidance

  • Maintain clear procedures for audits, investigations, and enforcement actions.

  • Train staff on investigative, corrective, and advisory powers under GDPR.

  • Coordinate with other authorities for cross-border enforcement.

  • Document all actions and decisions to ensure transparency and accountability.

Periodic Review

  • Frequency: Annually or when regulatory frameworks, organizational responsibilities, or cross-border activities change.

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

  • Outcome: Ensure powers are exercised effectively, lawfully, and consistently with GDPR.

Non-Compliance Risks

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

  • Legal Exposure: Enforcement actions or judicial challenges for entities failing to comply with authority orders.

  • Reputational Damage: Loss of trust from data subjects, regulators, and stakeholders.

  • Operational Risk: Ineffective use of powers may compromise GDPR enforcement and compliance oversight.