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(fa) establish and maintain a list in relation to the requirement for data protection impact

assessment pursuant to Article 33(2a);

(g) give advice on the processing operations referred to in Article 34(3);

(ga) encourage the drawing up of codes of conduct pursuant to Article 38 and give an

opinion and approve such codes of conduct which provide sufficient safeguards,

pursuant to Article 38 (2);

(gb) encourage the establishment of data protection certification mechanisms and of data

protection seals and marks pursuant to Article 39(1), and approve the criteria of

certification pursuant to Article 39 (2a);

(gc) where applicable, carry out a periodic review of certifications issued in accordance with

Article 39(4);

(h) draft and publish the criteria for accreditation of a body for monitoring codes of conduct

pursuant to Article 38 a and of a certification body pursuant to Article 39a;

(ha) conduct the accreditation of a body for monitoring codes of conduct pursuant to Article

38a and of a certification body pursuant to Article 39a;

(hb) authorise contractual clauses and provisions referred to in Article 42(2a);

(i) approve binding corporate rules pursuant to Article 43;

(j) contribute to the activities of the European Data Protection Board;

(jb) to keep internal records of breaches of this Regulation and of measures taken, in

particular warnings issued and sanctions imposed;

(k) fulfil any other tasks related to the protection of personal data.

2. (…)

3. (…)

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4. Each supervisory authority shall facilitate the submission of complaints referred to in point (b)

of paragraph 1, by measures such as a complaint submission form, which can be completed

also electronically, without excluding other means of communication.

5. The performance of the tasks of each supervisory authority shall be free of charge for the data

subject and for the data protection officer, if any.

6. Where requests are manifestly unfounded or excessive, in particular because of their repetitive

character, the supervisory authority may charge a reasonable fee based on administrative

costs, or refuse to act on the request. The supervisory authority shall bear the burden of

demonstrating the manifestly unfounded or excessive character of the request.

Article 53

Powers

1. Each supervisory authority shall have the following investigative powers:

(a) to order the controller and the processor, and, where applicable, the controller’s or the

processor’s representative to provide any information it requires for the performance of

its tasks;

(aa) to carry out investigations in the form of data protection audits;

(ab) to carry out a review on certifications issued pursuant to Article 39(4);

(b) (…)

(d) to notify the controller or the processor of an alleged infringement of this Regulation;

(da) to obtain, from the controller and the processor, access to all personal data and to all

information necessary for the performance of its tasks;

(db) to obtain access to any premises of the controller and the processor, including to any

data processing equipment and means, in conformity with Union law or Member State

procedural law.

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1b. Each supervisory authority shall have the following corrective powers:

(a) to issue warnings to a controller or processor that intended processing operations are

likely to infringe provisions of this Regulation;

(b) to issue reprimands to a controller or a processor where processing operations have

infringed provisions of this Regulation;

(ca) to order the controller or the processor to comply with the data subject's requests to

exercise his or her rights pursuant to this Regulation;

(d) to order the controller or processor to bring processing operations into compliance with

the provisions of this Regulation, where appropriate, in a specified manner and within a

specified period;

(da) to order the controller to communicate a personal data breach to the data subject;

(e) to impose a temporary or definitive limitation including a ban on processing;

(f) to order the rectification, restriction or erasure of data pursuant to Articles 16, 17 and

17a and the notification of such actions to recipients to whom the data have been

disclosed pursuant to Articles 17(2a) and 17b;

(fa) (new) to withdraw a certification or to order the certification body to withdraw a

certification issued pursuant to Article 39 and 39a, or to order the certification body not

to issue certification if the requirements for the certification are not or no longer met;

(g) to impose an administrative fine pursuant to Articles 79, in addition to, or instead of

measures referred to in this paragraph, depending on the circumstances of each

individual case;

(h) to order the suspension of data flows to a recipient in a third country or to an

international organisation.

(i) (…)

(j) (…)

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1c. Each supervisory authority shall have the following authorisation and advisory powers:

(a) to advise the controller in accordance with the prior consultation procedure referred to

in Article 34;

(aa) to issue, on its own initiative or on request, opinions to the national parliament, the

Member State government or, in accordance with national law, to other institutions and

bodies as well as to the public on any issue related to the protection of personal data;

(ab) to authorise processing referred to in Article 34(7a), if the law of the Member State

requires such prior authorisation;

(ac) to issue an opinion and approve draft codes of conduct pursuant to Article 38(2);

(ad) to accredit certification bodies pursuant to Article 39a;

(ae) to issue certifications and approve criteria of certification in accordance with Article

39(2a);

(b) to adopt standard data protection clauses referred to in Article 26(2c) and in point (c) of

Article 42(2);

(ca) to authorise administrative agreements referred to in point (d) of Article 42(2a);

(d) to approve binding corporate rules pursuant to Article 43.

2. The exercise of the powers conferred on the supervisory authority pursuant to this Article

shall be subject to appropriate safeguards, including effective judicial remedy and due

process, set out in Union and Member State law in accordance with the Charter of

Fundamental Rights of the European Union.

3. Each Member State shall provide by law that its supervisory authority shall have the power to

bring infringements of this Regulation to the attention of the judicial authorities and where

appropriate, to commence or engage otherwise in legal proceedings, in order to enforce the

provisions of this Regulation.

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4. Each Member State may provide by law that its supervisory authority shall have additional

powers than those referred to in paragraphs 1, 1b and 1c. These exercise of these powers shall

not impair the effective functioning of the provisions of Chapter VII.

Article 54

Activity Report

Each supervisory authority shall draw up an annual report on its activities, which may include a list

of types of notified breaches and types of imposed sanctions. The report shall be transmitted to the

national Parliament, the government and other authorities as designated by national law. It shall be

made available to the public, the Commission and the European Data Protection Board.

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CHAPTER VII

CO-OPERATION AND CONSISTENCY

SECTION 1

CO-OPERATION

Article 54a

Cooperation between the lead supervisory authority and other concerned supervisory authorities

1. The lead supervisory authority shall cooperate with the other concerned supervisory

authorities in accordance with this article in an endeavour to reach consensus. The lead

supervisory authority and the concerned supervisory authorities shall exchange all relevant

information with each other.

1a. The lead supervisory authority may request at any time other concerned supervisory

authorities to provide mutual assistance pursuant to Article 55 and may conduct joint

operations pursuant to Article 56, in particular for carrying out investigations or for

monitoring the implementation of a measure concerning a controller or processor established

in another Member State.

2. The lead supervisory authority shall, without delay communicate the relevant information on

the matter to the other concerned supervisory authorities. It shall without delay submit a draft

decision to the other concerned supervisory authorities for their opinion and take due account

of their views.

3. Where any of the other concerned supervisory authorities within a period of four weeks after

having been consulted in accordance with paragraph 2, expresses a relevant and reasoned

objection to the draft decision, the lead supervisory authority shall, if it does not follow the

objection or is of the opinion it is not relevant and reasoned, submit the matter to the

consistency mechanism referred to in Article 57.

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3a. Where the lead supervisory authority intends to follow the objection made, it shall submit to

the other concerned supervisory authorities a revised draft decision for their opinion. This

revised draft decision shall be subject to the procedure referred to in paragraph 3 within a

period of two weeks.

4. Where none of the other concerned supervisory authorities has objected to the draft decision

submitted by the lead supervisory authority within the period referred to in paragraphs 3 and

3a, the lead supervisory authority and the concerned supervisory authorities shall be deemed

to be in agreement with this draft decision and shall be bound by it.

4a. The lead supervisory authority shall adopt and notify the decision to the main establishment

or single establishment of the controller or processor, as the case may be and inform the other

concerned supervisory authorities and the European Data Protection Board of the decision in

question including a summary of the relevant facts and grounds. The supervisory authority to

which a complaint has been lodged shall inform the complainant on the decision.

4b. By derogation from paragraph 4a, where a complaint is dismissed or rejected, the supervisory

authority to which the complaint was lodged shall adopt the decision and notify it to the

complainant and shall inform the controller thereof.

4bb. Where the lead supervisory authority and the concerned supervisory authorities are in

agreement to dismiss or reject parts of a complaint and to act on other parts of that complaint,

a separate decision shall be adopted for each of those parts of the matter.The lead supervisory

authority shall adopt the decision for the part concerning actions in relation to the controller

and notify it to the main establishment or single establishment of the controller or processor

on the territory of its Member State and shall inform the complainant thereof, while the

supervisory authority of the complainant shall adopt the decision for the part concerning

dismissal or rejection of that complaint and notify it on that complainant and shall inform the

controller or processor thereof.

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4c. After being notified of the decision of the lead supervisory authority pursuant to paragraph 4a

and 4bb, the controller or processor shall take the necessary measures to ensure compliance

with the decision as regards the processing activities in the context of all its establishments in

the Union. The controller or processor shall notify the measures taken for complying with the

decision to the lead supervisory authority, which shall inform the other concerned supervisory

authorities.

4d. Where, in exceptional circumstances, a supervisory authority concerned has reasons to

consider that there is an urgent need to act in order to protect the interests of data subjects, the

urgency procedure referred to in Article 61 shall apply.

5. The lead supervisory authority and the other concerned supervisory authorities shall supply

the information required under this Article to each other by electronic means, using a

standardised format.

Article 55

Mutual assistance

1. Supervisory authorities shall provide each other with relevant information and mutual

assistance in order to implement and apply this Regulation in a consistent manner, and shall

put in place measures for effective co-operation with one another. Mutual assistance shall

cover, in particular, information requests and supervisory measures, such as requests to carry

out prior authorisations and consultations, inspections and investigations.

2. Each supervisory authority shall take all appropriate measures required to reply to the request

of another supervisory authority without undue delay and no later than one month after having

received the request. Such measures may include, in particular, the transmission of relevant

information on the conduct of an investigation.

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3. The request for assistance shall contain all the necessary information, including the purpose of

the request and reasons for the request. Information exchanged shall be used only for the

purpose for which it was requested.

4. A supervisory authority to which a request for assistance is addressed may not refuse to

comply with it unless:

(a) it is not competent for the subject-matter of the request or for the measures it is

requested to execute; or

(b) compliance with the request would be incompatible with the provisions of this

Regulation or with Union or Member State law to which the supervisory authority

receiving the request is subject.

5. The requested supervisory authority shall inform the requesting supervisory authority of the

results or, as the case may be, of the progress or the measures taken in order to respond to the

request. In cases of a refusal under paragraph 4, it shall explain its reasons for refusing the

request.

6. Supervisory authorities shall, as a rule, supply the information requested by other supervisory

authorities by electronic means, using a standardised format.

7. No fee shall be charged for any action taken following a request for mutual assistance.

Supervisory authorities may agree with other supervisory authorities rules for indemnification

by other supervisory authorities for specific expenditure arising from the provision of mutual

assistance in exceptional circumstances.

8. Where a supervisory authority does not provide the information referred to in paragraph 5

within one month of receiving the request of another supervisory authority, the requesting

supervisory authority may adopt a provisional measure on the territory of its Member State in

accordance with Article 51(1). In this case, the urgent need to act under Article 61(1) shall be

presumed to be met and require an urgent binding decision from the European Data Protection

Board pursuant to Article 61(2).

9. (…)

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10. The Commission may specify the format and procedures for mutual assistance referred to in

this article and the arrangements for the exchange of information by electronic means between

supervisory authorities, and between supervisory authorities and the European Data Protection

Board, in particular the standardised format referred to in paragraph 6. Those implementing

acts shall be adopted in accordance with the examination procedure referred to in Article

87(2).

Article 56

Joint operations of supervisory authorities

1. The supervisory authorities shall, where appropriate, conduct joint operations including joint

investigations and joint enforcement measures in which members or staff from other Member

States' supervisory authorities are involved.

2. In cases where the controller or processor has establishments in several Member States or

where a significant number of data subjects in more than one Member States are likely to be

substantially affected by processing operations, a supervisory authority of each of those

Member States shall have the right to participate in the joint operations, as appropriate. The

competent supervisory authority in accordance with Article 51a (1) or 51a(2c) shall invite the

supervisory authority of each of those Member States to take part in the joint operations

concerned and respond without delay to the request of a supervisory authority to participate.

3. A supervisory authority may, in compliance with its own Member State law, and with the

seconding supervisory authority’s authorisation, confer powers, including investigative

powers on the seconding supervisory authority’s members or staff involved in joint operations

or, in so far as the law of the Member State of the host supervisory authority permits, allow

the seconding supervisory authority’s members or staff to exercise their investigative powers

in accordance with the law of the Member State of the seconding supervisory authority. Such

investigative powers may be exercised only under the guidance and in the presence of

members or staff of the host supervisory authority. The seconding supervisory authority's

members or staff shall be subject to the host supervisory authority's national law.

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