Article 31 General aspects concerning supervision and enforcement

Member States shall ensure that their competent authoritiesas defined in Article 46 effectively supervise and take the measures necessary to ensure compliance with this Directive.

Member States may allow their competent authoritiesas defined in Article 46 to prioritise supervisory tasks. Such prioritisation shall be based on a risk-based approach. To that end, when exercising their supervisory tasks provided for in Articles 32 and 33, the competent authoritiesas defined in Article 46 may establish supervisory methodologies allowing for a prioritisation of such tasks following a risk-based approach.

The competent authoritiesas defined in Article 46 shall work in close cooperation with supervisory authorities under Regulation (EU) 2016/679 when addressing incidents means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; resulting in personal data means personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679; breaches, without prejudice to the competence and tasks of the supervisory authorities under that Regulation.

Without prejudice to national legislative and institutional frameworks, Member States shall ensure that, in the supervision of compliance of public administration entities means an entity recognised as such in a Member State in accordance with national law, not including the judiciary, parliaments or central banks, which complies with the following criteria: it is established for the purpose of meeting needs in the general interest and does not have an industrial or commercial character; it has legal personality or is entitled by law to act on behalf of another entity with legal personality; it is financed, for the most part, by the State, regional authorities or by other bodies governed by public law, is subject to management supervision by those authorities or bodies, or has an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional authorities or by other bodies governed by public law; it has the power to address to natural or legal persons administrative or regulatory decisions affecting their rights in the cross-border movement of persons, goods, services or capital; with this Directive and the imposition of enforcement measures with regard to infringements of this Directive, the competent authoritiesas defined in Article 46 have appropriate powers to carry out such tasks with operational independence vis-à-vis the public administration entities means an entity recognised as such in a Member State in accordance with national law, not including the judiciary, parliaments or central banks, which complies with the following criteria: it is established for the purpose of meeting needs in the general interest and does not have an industrial or commercial character; it has legal personality or is entitled by law to act on behalf of another entity with legal personality; it is financed, for the most part, by the State, regional authorities or by other bodies governed by public law, is subject to management supervision by those authorities or bodies, or has an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional authorities or by other bodies governed by public law; it has the power to address to natural or legal persons administrative or regulatory decisions affecting their rights in the cross-border movement of persons, goods, services or capital; supervised. Member States may decide on the imposition of appropriate, proportionate and effective supervisory and enforcement measures in relation to those entities means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; in accordance with the national legislative and institutional frameworks.