Skip to content
RGPD

Article 54

Rules on the establishment of the supervisory authority

1.   Each Member State shall provide by law for all of the following:

(a)

the establishment of each supervisory authority;

(b)

the qualifications and eligibility conditions required to be appointed as member of each supervisory authority;

(c)

the rules and procedures for the appointment of the member or members of each supervisory authority;

(d)

the duration of the term of the member or members of each supervisory authority of no less than four years, except for the first appointment after 24 May 2016, part of which may take place for a shorter period where that is necessary to protect the independence of the supervisory authority by means of a staggered appointment procedure;

(e)

whether and, if so, for how many terms the member or members of each supervisory authority is eligible for reappointment;

(f)

the conditions governing the obligations of the member or members and staff of each supervisory authority, prohibitions on actions, occupations and benefits incompatible therewith during and after the term of office and rules governing the cessation of employment.

2.   The member or members and the staff of each supervisory authority shall, in accordance with Union or Member State law, be subject to a duty of professional secrecy both during and after their term of office, with regard to any confidential information which has come to their knowledge in the course of the performance of their tasks or exercise of their powers. During their term of office, that duty of professional secrecy shall in particular apply to reporting by natural persons of infringements of this Regulation.

Common Questions

Frequently Asked Questions

What does Article 54 require each Member State to lay down by law?

Article 54 leaves the practical set-up of supervisory authorities to national law. Each Member State must provide by law for all of the following:

  • the establishment of each supervisory authority;
  • the qualifications and eligibility conditions required to be appointed as a member;
  • the rules and procedures for the appointment of the member or members;
  • the duration of the members' term of office;
  • whether, and if so for how many terms, members are eligible for reappointment;
  • the obligations of members and staff, the prohibitions on incompatible actions, occupations and benefits during and after the term of office, and the rules governing the cessation of employment.
How long is the term of office of supervisory authority members?
The term of office of the member or members of each supervisory authority must be no less than four years. The only exception is the first appointment after 24 May 2016, part of which may take place for a shorter period where that is necessary to protect the authority's independence by means of a staggered appointment procedure. Whether members are eligible for reappointment, and if so for how many terms, is decided by each Member State in its own law.
What does the duty of professional secrecy cover, and does it protect people who report infringements?

The member or members and the staff of each supervisory authority are subject to a duty of professional secrecy, in accordance with Union or Member State law, with regard to any confidential information that comes to their knowledge in the course of performing their tasks or exercising their powers. The duty applies both during and after their term of office.

During the term of office, the article states that this duty applies in particular to reporting by natural persons of infringements of the Regulation. So when an individual reports an infringement to a supervisory authority, that report is covered by the members' and staff's professional secrecy.

← Article 53 Article 55 →