Source: OJ L 119, 4.5.2016, pp. 1–88 · Consolidated textCurrent language: EN
- General data protection
Basic legislative acts
- GDPR regulation
Article 53 General conditions for the members of the supervisory authority
Summary What does Article 53 of the GDPR regulation say?
This article sets out the rules governing the appointment and removal of members of national supervisory authorities under the GDPR.
It establishes that appointments must follow a transparent procedure and be carried out by a recognised national institution, while also requiring that members hold appropriate qualifications and expertise.
The article also addresses how membership ends, distinguishing between ordinary cessation and dismissal, the latter being permitted only in limited circumstances.
This article works in close conjunction with Article 54, which builds on these foundations by requiring Member States to enshrine these and further governance conditions in law.
Important points:
- Member States are required to ensure appointments to supervisory authority roles are made through a transparent procedure by a recognised national body such as parliament, government, head of State, or an independent body.
- Each appointed member must have the qualifications, experience and skills necessary to carry out their duties, with particular expertise in personal data protection.
- Dismissal of a member is restricted to cases of serious misconduct or where the member no longer meets the conditions required for the role.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
Member States shall provide for each member of their supervisory authorities to be appointed by means of a transparent procedure by:
their parliament;
their government;
their head of State; or
an independent body entrusted with the appointment under Member State law.
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.
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.
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.
Relevant recitals
Recital 121 Appointment and independence of members
The general conditions for the member or members of the supervisory authority should be laid down by law in each Member State and should in particular provide that those members are to be appointed, by means of a transparent procedure, either by the parliament, government or the head of State of the Member State on the basis of a proposal from the government, a member of the government, the parliament or a chamber of the parliament, or by an independent body entrusted under Member State law. In order to ensure the independence of the supervisory authority, the member or members should act with integrity, refrain from any action that is incompatible with their duties and should not, during their term of office, engage in any incompatible occupation, whether gainful or not. The supervisory authority should have its own staff, chosen by the supervisory authority or an independent body established by Member State law, which should be subject to the exclusive direction of the member or members of the supervisory authority.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
supervisory authority
Definition
personal data