Enforcement

Question 1

In what provision is the legal basis of the supervisory authorithy stated?

Answer 1

GDPR art. 51: Each Member State shall provide for one or more independent public authorities to be responsible for monitoring the application of this Regulation, in order to protect the fundamental rights and freedoms of natural persons in relation to processing and to facilitate the free flow of personal data within the Union (‘supervisory authority’).

Question 2

What three kinds of powers does the SA have?

Answer 2

GDPR art. 58(1): Each supervisory authority shall have all of the listed investigative powers

GDPR art. 58(2): Each supervisory authority shall have all of the listed corrective powers

GDPR art. 58(3): Each supervisory authority shall have all of the listed authorisation and advisory powers

Question 3

In what provision is the legal basis of the EDPB stated?

Answer 3

GDPR art. 68: The European Data Protection Board (the ‘Board’) is hereby established as a body of the Union and shall have legal personality.

Question 4

What is the EDPB’s tasks?

Answer 4

These are mentioned in GDPR art. 70 and includes monotoring, advising and issue guidlines

Question 5

Can EDPB adopt binding decisions?

Answer 5

Yes, in three cases:

1) where a supervisory authority has raised a relevant and reasoned objection in cases of one-stop-shops,
2) where there are conflicting views on which of the supervisory authorities is the ‘lead’ and,
3) finally, where the competent supervisory authority does not request or does not follow the EDPB’s opinion.