Art. 53 GDPR – General conditions for the members of the supervisory authority
- Member States shall provide for each member of their supervisory authorities to be appointed by means of a transparent procedure by:
– their parliament;
– their government;
– their head of State; or
– an independent body entrusted with the appointment under Member State law. - Each member shall have the qualifications, experience and skills, in particular in the area of the protection of personal data, required to perform its duties and exercise its powers.
- The duties of a member shall end in the event of the expiry of the term of office, resignation or compulsory retirement, in accordance with the law of the Member State concerned.
- A member shall be dismissed only in cases of serious misconduct or if the member no longer fulfils the conditions required for the performance of the duties.
Related Recitals
Frequently Asked Questions about Article 53
+ How are members of supervisory authorities appointed?
Article 53 requires members to be appointed through a transparent procedure by the parliament, government, head of state, or an independent body under member state law.
+What qualifications must supervisory authority members have?
Members must have the qualifications, experience, and skills, particularly in data protection, needed to perform their duties and exercise their powers.
+ Can a supervisory authority member be dismissed?
A member can only be dismissed in cases of serious misconduct or where they no longer fulfil the conditions for performing their duties, protecting their independence.