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RGPD

Article 53

General conditions for the members of the supervisory authority

General conditions for the members of the supervisory authority

1.   Member States shall provide for each member of their supervisory authorities to be appointed by means of a transparent procedure by:

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their parliament;

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their government;

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their head of State; or

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an independent body entrusted with the appointment under Member State law.

2.   Each member shall have the qualifications, experience and skills, in particular in the area of the protection of personal data, required to perform its duties and exercise its powers.

3.   The duties of a member shall end in the event of the expiry of the term of office, resignation or compulsory retirement, in accordance with the law of the Member State concerned.

4.   A member shall be dismissed only in cases of serious misconduct or if the member no longer fulfils the conditions required for the performance of the duties.

Common Questions

Frequently Asked Questions

Who appoints the members of a supervisory authority?

Member States must provide for each member of their supervisory authorities to be appointed by means of a transparent procedure. The appointment is made by one of the following:

  • their parliament;
  • their government;
  • their head of State; or
  • an independent body entrusted with the appointment under Member State law.
What qualifications must a member of a supervisory authority have?
Each member must have the qualifications, experience and skills required to perform the duties and exercise the powers of the position. Article 53 singles out expertise in the area of the protection of personal data in particular.
When do a member's duties end?
The duties of a member end on the expiry of the term of office, on resignation, or in the event of compulsory retirement. In each case this happens in accordance with the law of the Member State concerned.
On what grounds can a member be dismissed?
Only in two situations: serious misconduct, or where the member no longer fulfils the conditions required for the performance of the duties. Article 53(4) allows no other grounds for dismissal.
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