Chapter 6 · Independent Supervisory Authorities

Article 52Independence

All 99 Articles Chapter 6: Independent Supervisory Authorities

Each supervisory authority must act with complete independence — free from external influence, and neither seeking nor taking instructions from anybody.

Official text & source

Article 52 of the General Data Protection Regulation (Regulation (EU) 2016/679). Read the full, authoritative text on EUR-Lex.

Official text on EUR-Lex

Official text

Verbatim text of Article 52 of the General Data Protection Regulation — Regulation (EU) 2016/679.

Each supervisory authority shall act with complete independence in performing its tasks and exercising its powers in accordance with this Regulation.

The member or members of each supervisory authority shall, in the performance of their tasks and exercise of their powers in accordance with this Regulation, remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from anybody.

Member or members of each supervisory authority shall refrain from any action incompatible with their duties and shall not, during their term of office, engage in any incompatible occupation, whether gainful or not.

Each Member State shall ensure that each supervisory authority is provided with the human, technical and financial resources, premises and infrastructure necessary for the effective performance of its tasks and exercise of its powers, including those to be carried out in the context of mutual assistance, cooperation and participation in the Board.

Each Member State shall ensure that each supervisory authority chooses and has its own staff which shall be subject to the exclusive direction of the member or members of the supervisory authority concerned.

Each Member State shall ensure that each supervisory authority is subject to financial control which does not affect its independence and that it has separate, public annual budgets, which may be part of the overall state or national budget.

Source: Regulation (EU) 2016/679 (OJ L 119, 4.5.2016, p. 1). Official text reproduced from EUR-Lex — © European Union. Only European Union legislation published in the Official Journal is deemed authentic.

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