Recital 121 – Independence of the Supervisory Authorities*

1The 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. 2In 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. 3The 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.

* This title is an unofficial description.


Why Recital 121 Matters for GDPR Compliance?

Recital 121 matters for GDPR compliance because it establishes the requirement for supervisory authorities to operate with full independence. It ensures that authorities responsible for enforcing data protection laws are free from external influence, allowing them to act objectively and fairly. This independence is critical for maintaining trust in regulatory decisions and ensuring consistent enforcement of GDPR across Member States.

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