§ GDPR · Article 52

GDPR Article 52: Obligations, Deadlines & Penalties

Regulation (EU) 2016/679, Article 52 · All obligations · GDPR

At a glance

Article 52 of the GDPR imposes 6 obligations on Member State, supervisory authority, supervisory authority members.

§ Obligations

All obligations under Article 52

Obligation 1

Each supervisory authority shall act with complete independence in performing its tasks and exercising its powers. Regulation (EU) 2016/679, Article 52, Article 52

Obligated entity: supervisory authority
Action required: act
Deadline: —
Penalty: —

Obligation 2

Members of each supervisory authority shall remain free from external influence and shall neither seek nor take instructions from anybody. Regulation (EU) 2016/679, Article 52, Article 52

Obligated entity: supervisory authority members
Action required: remain free
Deadline: —
Penalty: —

Obligation 3

Members of each supervisory authority shall refrain from any action incompatible with their duties and shall not engage in any incompatible occupation during their term of office. Regulation (EU) 2016/679, Article 52, Article 52

Obligated entity: supervisory authority members
Action required: refrain
Deadline: —
Penalty: —

Obligation 4

Each Member State shall ensure that each supervisory authority is provided with the human, technical and financial resources, premises and infrastructure necessary for effective performance. Regulation (EU) 2016/679, Article 52, Article 52

Obligated entity: Member State
Action required: ensure
Deadline: —
Penalty: —

Obligation 5

Each Member State shall ensure that each supervisory authority chooses and has its own staff subject to the exclusive direction of the supervisory authority members. Regulation (EU) 2016/679, Article 52, Article 52

Obligated entity: Member State
Action required: ensure
Deadline: —
Penalty: —

Obligation 6

Each Member State shall ensure that each supervisory authority is subject to financial control that does not affect its independence and has separate, public annual budgets. Regulation (EU) 2016/679, Article 52, Article 52

Obligated entity: Member State
Action required: ensure
Deadline: —
Penalty: —

§ Frequently asked

Questions about Article 52

Who must comply with Article 52 of the GDPR? +

Member State, supervisory authority, supervisory authority members.

What does Article 52 of the GDPR require? +

act remain free refrain

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