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GDPR — Article 52

The article's text

Article 52 Independence 1. Each supervisory authority shall act with complete independence in performing its tasks and exercising its powers in accordance with this Regulation. 2. 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. 3. 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. their duties and shall not, during their term of office, engage in any incompatible occupation, whether gainful or not. 4. 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. 5. Each Member State shall ensure that each su
full text
pervisory 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. which shall be subject to the exclusive direction of the member or members of the supervisory authority concerned. 6. 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.

Who wrote about this article in the consultations

Filers who named this exact article number in their own text. It is their sentence, not our reading — and not a causal claim.

4
NGO
4
company
2
non-EU citizen
1
business association
1
other
WhoCountryWhat they wrote
Information Accountability FoundationUSThe IAF recognises the importance of independence for all DPAs but there is evidence that the notion of complete independence in Article 52 of GDPR has become counterproductive. Such a notion can develop a situation where data protection authorities downplay
Van Bael & BellisBEas an excessive compliance burden (red tape), causing legal uncertainty. This can constitute a disproportionate interference (cf. Article 52(1) of the Charter of the Fundamental Rights of the EU (CFR))5 with the freedom to conduct a business (Article 16 CFR) a
Oplysningsforbundet May DayDKdirektiv 2009/136, sammenholdt med artikel 7, 8 og 11 samt artikel 52, stk. 1 i chartret om grundlæggende rettigheder. Og sagen om den ulovlige telelogning er ikke afsluttet endnu: ”Foreningen Imod Ulovlig Logning” er lykkedes med at få rejst sagen om regering
David BARNARD-WILLSGBDPAs and are therefore responsible for determining if the authorities have adequate resources to meet their mandated objectives. Article 52(4) GDPR requires Member States to provide the necessary human, technical and financial resources for the effective perf
Open Rights GroupGBtheir national Supervisory Authorities, and on the European Commission to ensure that Member States meet their obligations under Article 52(4) of the GDPR. 1.
David ErdosGBinfrastructure necessary for the effective performance of its tasks and exercise of its powers” (GDPR, art. 52(4)). However, it must also involve strengthening DPA accountability mechanisms so as to ensure that independent organs including courts and tribunals
Pinsent MasonsIEThey are also required to participate in the EDPB and foster harmonisation across all of the supervisory authorities. Article 52(4) of the 4 GDPR specifically requires that each Member State ensures that its supervisory authority "is provided with the human, t
AFME - Association for Financial Markets in EuropeBEto assess the level of consistency and cooperation amongst data protection authorities within the EEA. Although, and as stated in Article 52 of the Regulation, data protection authorities are independent supervisory authorities responsible for monitoring the a
Fundamental Rights European Experts Group (FREE-Group)BEcall on the European Commission to launch an infringement procedure against EU Member State Governments for failing to implement Article 52(4) of the GDPR. In addition, we note that the cooperation and consistency mechanisms in the GDPR do not function approp
Secretariat of COMECE (Commission of the Episcopates of the European Union)BEGDPR on "Existing data protection rules of churches and religious associations" (on which more at pages 4-5). In accordance with Article 52.3 CFR, Article 10 CFR covers the collective, as well as the institutional dimension of freedom of religion, as outlined
Insurance EuropeBEtransfers between processors in accordance with Article 46 (2) (c) GDPR. Comments on the level playing field of GDPR enforcement: Article 52(4) of the GDPR establishes that each Member State shall ensure that each supervisory authority is provided with the hum
BraveUSation of the Regulation throughout the Union, this must be urgently corrected. 2. MEMBER STATES FAILURE TO ADEQUATELY IMPLEMENT ARTICLE 52(4), WHICH PREVENTS SUPERVISORY AUTHORITIES FROM ADEQUATELY COOPERATING TO ADDRESS LARGE TECH FIRMS. Brave has examin

Source: public consultation submissions and position papers. n = 12 mentions; counted as a literal reference to the article number.

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