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SECTION 2

COMPETENCE, TASKS AND POWERS

Article 51

Competence

1. Each supervisory authority shall be competent to perform the tasks and exercise the powers

conferred on it in accordance with this Regulation on the territory of its own Member State.

2. Where the processing is carried out by public authorities or private bodies acting on the basis

of points (c) or (e) of Article 6(1), the supervisory authority of the Member State concerned

shall be competent. In such cases Article 51a does not apply.

3. Supervisory authorities shall not be competent to supervise processing operations of courts

acting in their judicial capacity.

Article 51a

Competence of the lead supervisory authority

1. Without prejudice to Article 51, the supervisory authority of the main establishment or of the

single establishment of the controller or processor shall be competent to act as lead

supervisory authority for the cross-border processing of this controller or processor in

accordance with the procedure provided in Article 54a.

2a. By derogation from paragraph 1, each supervisory authority shall be competent to deal with a

complaint lodged with it or to deal with a possible infringement of this Regulation, if the

subject matter relates only to an establishment in its Member State or substantially affects

data subjects only in its Member State.

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2b. In the cases referred to in paragraph 2a, the supervisory authority shall inform the lead

supervisory authority without delay on this matter. Within a period of three weeks after being

informed the lead supervisory authority shall decide whether or not it will deal with the case

in accordance with the procedure provided in Article 54a, taking into account whether or not

there is an establishment of the controller or processor in the Member State of which the

supervisory authority informed it.

2c. Where the lead supervisory authority decides to deal with the case, the procedure provided in

Article 54a shall apply. The supervisory authority which informed the lead supervisory

authority may submit to the lead supervisory authority a draft for a decision. The lead

supervisory authority shall take utmost account of that draft when preparing the draft decision

referred to in paragraph 2 of Article 54a.

2d. In case the lead supervisory authority decides not to deal with it, the supervisory authority

which informed the lead supervisory authority shall deal with the case according to Articles

55 and 56.

3. The lead supervisory authority shall be the sole interlocutor of the controller or processor for

the cross-border processing of that controller or processor.

Article 52

Tasks

1. Without prejudice to other tasks set out under this Regulation, each supervisory authority

shall on its territory:

(a) monitor and enforce the application of this Regulation;

(aa) promote public awareness and understanding of the risks, rules, safeguards and rights in

relation to the processing of personal data. Activities addressed specifically to children

shall receive specific attention;

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(ab) advise, in accordance with national law, the national parliament, the government, and

other institutions and bodies on legislative and administrative measures relating to the

protection of individuals’ rights and freedoms with regard to the processing of personal

data;

(ac) promote the awareness of controllers and processors of their obligations under this

Regulation;

(ad) upon request, provide information to any data subject concerning the exercise of their

rights under this Regulation and, if appropriate, co-operate with the supervisory

authorities in other Member States to this end;

(b) deal with complaints lodged by a data subject, or by a body, organisation or association

in accordance with Article 76, and investigate, to the extent appropriate, the subject

matter of the complaint and inform the complainant of the progress and the outcome of

the investigation within a reasonable period, in particular if further investigation or

coordination with another supervisory authority is necessary;

supervisory authorities with a view to ensuring the consistency of application and

enforcement of this Regulation;

(d) conduct investigations on the application of this Regulation, including on the basis of

information received from another supervisory authority or other public authority;

(e) monitor relevant developments, insofar as they have an impact on the protection of

personal data, in particular the development of information and communication

technologies and commercial practices;

(f) adopt standard contractual clauses referred to in Article 26(2c) and 42(2)(c);

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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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