Art. 54 Rules on the establishment of the supervisory authority | GDPR regulation | GDPR

This article sets out the obligations placed on Member States to legislate the structural and governance framework for their national supervisory authorities.

It builds on the broader provisions around supervisory authority independence found in Article 52, translating those principles into concrete legal requirements that Member States must embed in national law.

The article covers the full lifecycle of supervisory authority membership, from establishment and appointment conditions through to the duties that apply even after a member's term has ended, including a lasting obligation of professional secrecy.

Important points:

Member States are required to establish in law the rules governing the setup, appointment, terms, and post-employment conditions of their supervisory authorities.
Terms of office must last no less than four years, with a limited exception for initial staggered appointments made after 24 May 2016.
Members and staff of supervisory authorities are bound by professional secrecy obligations both during and after their term of office, including in relation to individuals who report infringements of the Regulation.

1. Each Member State shall provide by law for all of the following:
  1. the establishment of each supervisory authority;
  2. the qualifications and eligibility conditions required to be appointed as member of each supervisory authority;
  3. the rules and procedures for the appointment of the member or members of each supervisory authority;
  4. 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;
  5. whether and, if so, for how many terms the member or members of each supervisory authority is eligible for reappointment;
  6. 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.
1. 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.