interactive GDPR 2016/0679 EN

(121) The general conditions for the member or members of the supervisory_authority should be laid down by law in each Member State and should in particular provide that those members are to be appointed, by means of a transparent procedure, either by the parliament, government or the head of State of the Member State on the basis of a proposal from the government, a member of the government, the parliament or a chamber of the parliament, or by an independent body entrusted under Member State law.

  In order to ensure the independence of the supervisory_authority, the member or members should act with integrity, refrain from any action that is incompatible with their duties and should not, during their term of office, engage in any incompatible occupation, whether gainful or not.

  The supervisory_authority should have its own staff, chosen by the supervisory_authority or an independent body established by Member State law, which should be subject to the exclusive direction of the member or members of the supervisory_authority.

(129) In order to ensure consistent monitoring and enforcement of this Regulation throughout the Union, the supervisory authorities should have in each Member State the same tasks and effective powers, including powers of investigation, corrective powers and sanctions, and authorisation and advisory powers, in particular in cases of complaints from natural persons, and without prejudice to the powers of prosecutorial authorities under Member State law, to bring infringements of this Regulation to the attention of the judicial authorities and engage in legal proceedings.

  Such powers should also include the power to impose a temporary or definitive limitation, including a ban, on processing.

  Member States may specify other tasks related to the protection of personal_data under this Regulation.

  The powers of supervisory authorities should be exercised in accordance with appropriate procedural safeguards set out in Union and Member State law, impartially, fairly and within a reasonable time.

  In particular each measure should be appropriate, necessary and proportionate in view of ensuring compliance with this Regulation, taking into account the circumstances of each individual case, respect the right of every person to be heard before any individual measure which would affect him or her adversely is taken and avoid superfluous costs and excessive inconveniences for the persons concerned.

  Investigatory powers as regards access to premises should be exercised in accordance with specific requirements in Member State procedural law, such as the requirement to obtain a prior judicial authorisation.

  Each legally binding measure of the supervisory_authority should be in writing, be clear and unambiguous, indicate the supervisory_authority which has issued the measure, the date of issue of the measure, bear the signature of the head, or a member of the supervisory_authority authorised by him or her, give the reasons for the measure, and refer to the right of an effective remedy.

  This should not preclude additional requirements pursuant to Member State procedural law.

  The adoption of a legally binding decision implies that it may give rise to judicial review in the Member State of the supervisory_authority that adopted the decision.

(139) In order to promote the consistent application of this Regulation, the Board should be set up as an independent body of the Union.

  To fulfil its objectives, the Board should have legal personality.

  The Board should be represented by its Chair.

  It should replace the Working Party on the Protection of Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC.

  It should consist of the head of a supervisory_authority of each Member State and the European Data Protection Supervisor or their respective representatives.

  The Commission should participate in the Board's activities without voting rights and the European Data Protection Supervisor should have specific voting rights.

  The Board should contribute to the consistent application of this Regulation throughout the Union, including by advising the Commission, in particular on the level of protection in third countries or international_organisations, and promoting cooperation of the supervisory authorities throughout the Union.

  The Board should act independently when performing its tasks.