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RGPD

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.

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 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.

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.

Common Questions

Frequently Asked Questions

What does Article 52 require of supervisory authorities?
Each supervisory authority must act with complete independence in performing its tasks and exercising its powers under the Regulation. The article does not stop at the principle: it backs it up with concrete guarantees covering external influence, staff, resources and budget.
Can members of a supervisory authority take instructions from anyone?
No. In the performance of their tasks and the exercise of their powers, the member or members must remain free from external influence, whether direct or indirect. They may neither seek nor take instructions from anybody.
Are members allowed to hold another occupation during their term of office?
Only if it is compatible with their duties. Members must refrain from any action incompatible with their duties and may not, during their term of office, engage in any incompatible occupation, whether gainful or not.
What must Member States provide to make this independence real?
Each Member State must guarantee the practical conditions of independence:
  • the human, technical and financial resources, premises and infrastructure necessary for the effective performance of the authority's tasks and powers, including those carried out in the context of mutual assistance, cooperation and participation in the Board;
  • that the authority chooses and has its own staff, subject to the exclusive direction of its member or members;
  • financial control which does not affect its independence, together with separate, public annual budgets, which may be part of the overall state or national budget.
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