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GDPR — Article 58

The article's text

Article 58 Powers 1. Each supervisory authority shall have all of the following investigative powers: (a) to order the controller and the processor, and, where applicable, the controller's or the processor's representative to provide any information it requires for the performance of its tasks; (b) to carry out investigations in the form of data protection audits; (c) to carry out a review on certifications issued pursuant to Article 42(7); (d) to notify the controller or the processor of an alleged infringement of this Regulation; (e) to obtain, from the controller and the processor, access to all personal data and to all information necessary for the performance of its tasks; (f) to obtain access to any premises of the controller and the processor, including to any data processing equipment and means, in accordance with Union or Member State procedural law. 2. including to any data processing equipment and means, in accordance with Union or Member State procedural law. 2. Each supervisory authority shall have all of the following corrective powers: (a) to issue warnings to a controller or processor that intended processing operations are likely to infringe provisions of th
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is Regulation; (b) to issue reprimands to a controller or a processor where processing operations have infringed provisions of this Regulation; (c) to order the controller or the processor to comply with the data subject's requests to exercise his or her rights pursuant to this Regulation; (d) to order the controller or processor to bring processing operations into compliance with the provisions of this Regulation, where appropriate, in a specified manner and within a specified period; (e) to order the controller to communicate a personal data breach to the data subject; (f) to impose a temporary or definitive limitation including a ban on processing; (g) to order the rectification or erasure of personal data or restriction of processing pursuant to Articles 16, 17 and 18 and the notification of such actions to recipients to whom the personal data have been disclosed pursuant to Article 17(2) and Article 19; (h) to withdraw a certification or to order the certification body to withdraw a certification issued pursuant to Articles 42 and 43, or to order the certification body not to issue certification if the requirements for the certification are not or are no longer met; (i) to impose an administrative fine pursuant to Article 83, in addition to, or instead of measures referred to in this paragraph, depending on the circumstances of each individual case; (j) to order the suspension of data flows to a recipient in a third country or to an international organisation. case; (j) to order the suspension of data flows to a recipient in a third country or to an international organisation. 3. Each supervisory authority shall have all of the following authorisation and advisory powers: (a) to advise the controller in accordance with the prior consultation procedure referred to in Article 36; (b) to issue, on its own initiative or on request, opinions to the national parliament, the Member State government or, in accordance with Member State law, to other institutions and bodies as well as to the public on any issue related to the protection of personal data; (c) to authorise processing referred to in Article 36(5), if the law of the Member State requires such prior authorisation; (d) to issue an opinion and approve draft codes of conduct pursuant to Article 40(5); (e) to accredit certification bodies pursuant to Article 43; (f) to issue certifications and approve criteria of certification in accordance with Article 42(5); (g) to adopt standard data protection clauses referred to in Article 28(8) and in point (d) of Article 46(2); (h) to authorise contractual clauses referred to in point (a) of Article 46(3); (i) to authorise administrative arrangements referred to in point (b) of Article 46(3); (j) to approve binding corporate rules pursuant to Article 47. arrangements referred to in point (b) of Article 46(3); (j) to approve binding corporate rules pursuant to Article 47. 4. The exercise of the powers conferred on the supervisory authority pursuant to this Article shall be subject to appropriate safeguards, including effective judicial remedy and due process, set out in Union and Member State law in accordance with the Charter. 5. Each Member State shall provide by law that its supervisory authority shall have the power to bring infringements of this Regulation to the attention of the judicial authorities and where appropriate, to commence or engage otherwise in legal proceedings, in order to enforce the provisions of this Regulation. to commence or engage otherwise in legal proceedings, in order to enforce the provisions of this Regulation. 6. Each Member State may provide by law that its supervisory authority shall have additional powers to those referred to in paragraphs 1, 2 and 3. The exercise of those powers shall not impair the effective operation of Chapter VII.

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.

14
business association
3
other
3
ACADEMIC_RESEARCH_INSTITTUTION
1
non-EU citizen
1
EU citizen
WhoCountryWhat they wrote
BundesrechtsanwaltskammerDEArticle 90 (1) GDPR: "1 Member States may adopt specific rules to set out the powers of the supervisory authorities laid down in Article 58(1)(e) and (f) in relation to controllers or processors that are subject, under Union or Member State law or rules estab ↗
European Centre for Certification and Privacy (ECCP)LUprotection shall, after informing the supervisory authority in order to allow it to exercise its powers pursuant to point (h) of Article 58(2) where necessary, issue and renew certification. ↗
ZKI e.V.DEfür aufsichtsbehördliche Produktwarnungen geschaffen und die Art. 57 Abs. 1 lit. b) i.V.m. Art. 58 Abs. 3 lit. b) DSGVO entsprechend konkretisiert werden, ob und in welchem Rahmen Aufsichtsbehörden vor nicht datenschutzkonformen Produkten warnen dürfen und wel ↗
Délégué à la Protection des Données (ancien et formateur)FRvisés à l’article 58. Ce délai peut être prolongé de six semaines, en fonction de la complexité du traitement envisagé. » Le RGPD ne précise pas si le silence de l’autorité de contrôle au bout des délais prévus équivaut à un accord ou à un refus tacite. Afin d ↗
Hans-Hermann SchildDEr Wahl der geeigneten Mittel zur Erfüllung ihrer Aufgaben verfügt. Generalanwalt Saugmandsgaard Øe hat näm- lich ausgeführt, dass Art. 58 Abs. ↗
Polish Confederation LewiatanPL“subject to appropriate safeguards, including…due process set out in Union and Member State law in accordance with the Charter” (Article 58(4) GDPR), as is the exercise by the SAs of their power to impose administrative fines (Article 83(8) GDPR). ↗
Asociación Española de Economía Digital (Adigital)ES“subject to appropriate safeguards, including…due process set out in Union and Member State law in accordance with the Charter” (Article 58(4) GDPR), as is the exercise by the SAs of their power to impose administrative fines (Article 83(8) GDPR). ↗
American Chamber of Commerce in PolandPL“subject to appropriate safeguards, including…due process set out in Union and Member State law in accordance with the Charter” (Article 58(4) GDPR), as is the exercise by the SAs of their power to impose administrative fines (Article 83(8) GDPR). ↗
noybATany other instruments, a lead supervisory authority may request another supervisory authority to use its corrective powers under Article 58(2) GDPR and national law, if this is necessary to enforce a legally binding decision. Article 61(3) to (9) GDPR apply. ↗
Bitkom e.V.DEto fair procedures and the DPAs’ obligation to exercise their powers with regard to due process (Article 58(4) GDPR). Fixed deadlines would also force the DPAs to take action regardless of what other tasks need to be considered. The current DPA practice often ↗
Ecommerce EuropeBEbject to appropriate safeguards, including […] due process set out in Union and Member State law in accordance with the Charter” (Article 58(4) GDPR), as is also the exercise by the SAs of their power to impose administrative fines (Article 83(8) GDPR). ↗
American Chamber of Commerce to the EU (AmCham EU)BEbject to appropriate safeguards, including (…) due process set out in Union and Member State law in accordance with the Charter’ (Article 58(4) GDPR), as is the SAs’ ability to impose administrative fines (Article 83(8) GDPR). ↗
DOT EuropeBE“subject to appropriate safeguards, including… due process set out in Union and Member State law in accordance with the Charter” (Article 58(4) GDPR). We trust that the European Commission will take into account parties’ right to due process when considering w ↗
AmCham SlovenijaSI“subject to appropriate safeguards, including…due process set out in Union and Member State law in accordance with the Charter” (Article 58(4) GDPR), as is the exercise by the SAs of their power to impose administrative fines (Article 83(8) GDPR). ↗
CCIA - Computer & Communications Industry AssociationBEa timely manner while also respecting the procedural safeguards that controllers are entitled to under the Charter, in line with Article 58(4) GDPR. b) Clear procedural rules for amicable settlements The EDPB has suggested that amicable settlements in the OSS ↗
David ErdosGBIn any case, in many cases there is no indication that the scale of use of the other corrective powers set out in the GDPR (Ibid, art. 58(2)) has been significantly different (see, as regards the UK, the following EDPB document at p. 10). These general pattern ↗
International Society for Biological and Environmental Repositories (ISBER)USdelay or deter commercial or 12 See GDPR, recital 157. 13 See GDPR, art. 89(2). 14 See GDPR, recitals 9, 10, 13 15 See GDPR, art. 58(2)(f). ↗
EDiMABEg operations who do not have their place of main establishment in that Member State, for instance through their interpretation of Art. 58(5). This trend undermines consistency and cooperation and prevents the GDPR from providing the very clarity and predictabi ↗
BundesrechtsanwaltskammerDEgehungen des Durchsuchungsverbots zu vermeiden, wäre, im Gegenteil, eine Ausweitung von Art. 90 Abs. 1 Satz 1 DSGVO auf Fälle des Art. 58 Abs. 1 lit. a DSGVO wünschenswert. Stellungnahme Seite 3 Verbesserungsbedarf erkennt die Bundesrechtsanwaltskammer bei den ↗
EuroISPA - European Internet Services Providers AssociationBEn that Member State. It is concerning that certain DPAs are looking at novel ways of interpreting provisions in the GDPR, such as Article 58(5), to exert such jurisdictional claims. This goes against the heart of the GDPR regime of territorial competence and s ↗
Multi-Regional Clinical Trials Center of Harvard University and Brigham and Women’s HospitalUSdelay or deter commercial or 12 See GDPR, recital 157. 13 See GDPR, art. 89(2). 14 See GDPR, recitals 9, 10, 13 15 See GDPR, art. 58(2)(f). ↗
Insurance EuropeBEfor the industry as non- compliance can lead to detrimental effects during data protection audits (Art. 58 (1b)). Additionally, noncompliance with proposed good practices can possibly establish liability in civil claims. (2) Third-party auditing is not include ↗
Computer & Communication Industry Association (CCIA)USngement procedures and are often justified on the basis of novel interpretations of the GDPR, most notably an isolated reading of Article 58(5) and a narrow understanding of the concept of ‘main establishment’. ↗
Centre for Information Policy Leadership (CIPL)GB31 Article 58(2) GDPR. 32 Several fining guidelines have been published: EDPB, Guidelines on the application and setting of administrative fines WP 253 http://ec.europa.eu/newsroom/just/document.cfm?doc_id=47889, the Netherlands https://autoriteitpersoonsgegev ↗

Source: public consultation submissions and position papers. n = 24 mentions; counted as a literal reference to the article number.

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