Article 54 GDPR - Rules on the establishment of the supervisory authority

1. Each Member State shall provide by law for all of the following:

(a) the establishment of each supervisory authority;

(b) the qualifications and eligibility conditions required to be appointed as member of each supervisory authority;

(d) the duration of the term of the member or members of each supervisory authority of no less than four years, except for the first appointment after 24 May 2016, part of which may take place for a shorter period where that is necessary to protect the independence of the supervisory authority by means of a staggered appointment procedure;

(e) whether and, if so, for how many terms the member or members of each supervisory authority is eligible for reappointment;

(f) the conditions governing the obligations of the member or members and staff of each supervisory authority, prohibitions on actions, occupations and benefits incompatible therewith during and after the term of office and rules governing the cessation of employment.

2. The member or members and the staff of each supervisory authority shall, in accordance with Union or Member State law, be subject to a duty of professional secrecy both during and after their term of office, with regard to any confidential information which has come to their knowledge in the course of the performance of their tasks or exercise of their powers. During their term of office, that duty of professional secrecy shall in particular apply to reporting by natural persons of infringements of this Regulation.

Relevant Recitals

Frequently Asked Questions

Short answers to common questions about this provision. They are general information and not legal advice.

Paragraph 1 requires national law to provide for the establishment of each supervisory authority, the qualifications and eligibility conditions for membership, the rules and procedures for appointment, the duration of the term, whether and for how many terms reappointment is possible, and the obligations of members and staff together with the incompatibilities applying during and after office and the rules on cessation of employment. Article 54 thus complements Articles 52 and 53 by fixing what the national statute itself must contain.

Point (d) of paragraph 1 sets a minimum of four years. For the first appointment after 24 May 2016, part of the appointments could be made for a shorter period where necessary to protect the authority's independence through a staggered appointment procedure.

The Regulation leaves this to Member State law. Point (e) of paragraph 1 requires national law to determine whether reappointment is possible at all and, if so, for how many terms.

It binds the members and the staff of each supervisory authority, in accordance with Union or Member State law, both during and after their term of office, with regard to any confidential information that has come to their knowledge in the course of performing their tasks or exercising their powers. The duty therefore survives the end of the mandate or employment.

Yes. The second sentence of paragraph 2 provides that, during the members' and staff's term of office, the duty of professional secrecy applies in particular to reporting by natural persons of infringements of the Regulation, which shields the identity of complainants and whistleblowers who approach the authority.