58. Powers

CHAPTER VI Independent supervisory authorities Section 2 Competence, tasks and powers

58. Powers

Each supervisory authority‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 GDPR Article 4 Paragraph 21 shall have all of the following investigative powers:
to order the controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7 and the processor‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. GDPR Article 4 Paragraph 8, and, where applicable, the controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7’s or the processor‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. GDPR Article 4 Paragraph 8’s representative‘representative’ means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation GDPR Article 4 Paragraph 17 to provide any information it requires for the performance of its tasks;
to carry out investigations in the form of data protection audits;
to carry out a review on certifications issued pursuant to Article 42(7);
to notify the controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7 or the processor‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. GDPR Article 4 Paragraph 8 of an alleged infringement of this Regulation;
to obtain, from the controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7 and the processor‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. GDPR Article 4 Paragraph 8, access to all personal data‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person GDPR Article 4 Paragraph 1   and to all information necessary for the performance of its tasks;
to obtain access to any premises of the controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7 and the processor‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. GDPR Article 4 Paragraph 8, including to any data processing‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. GDPR Article 4 Paragraph 2 equipment and means, in accordance with Union or Member State procedural law.

Each supervisory authority‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 GDPR Article 4 Paragraph 21 shall have all of the following corrective powers:
to issue warnings to a controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7 or processor‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. GDPR Article 4 Paragraph 8 that intended processing‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. GDPR Article 4 Paragraph 2 operations are likely to infringe provisions of this Regulation;
to issue reprimands to a controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7 or a processor‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. GDPR Article 4 Paragraph 8 where processing‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. GDPR Article 4 Paragraph 2 operations have infringed provisions of this Regulation;
to order the controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7 or the processor‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. GDPR Article 4 Paragraph 8 to comply with the data subject’s requests to exercise his or her rights pursuant to this Regulation;
to order the controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7 or processor‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. GDPR Article 4 Paragraph 8 to bring processing‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. GDPR Article 4 Paragraph 2 operations into compliance with the provisions of this Regulation, where appropriate, in a specified manner and within a specified period;
to order the controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7 to communicate a personal data breach‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. GDPR Article 4 Paragraph 12 to the data subject;
to impose a temporary or definitive limitation including a ban on processing‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. GDPR Article 4 Paragraph 2;
to order the rectification or erasure of personal data‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person GDPR Article 4 Paragraph 1   or restriction of processing‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future. GDPR Article 4 Paragraph 3 pursuant to Articles 16, 17 and 18 and the notification of such actions to recipient‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing. GDPR Article 4 Paragraph 9s to whom the personal data‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person GDPR Article 4 Paragraph 1   have been disclosed pursuant to Article 17(2) and Article 19;
to withdraw a certification or to order the certification body to withdraw a certification issued pursuant to Articles 42 and 43, or to order the certification body not to issue certification if the requirements for the certification are not or are no longer met;
to impose an administrative fine pursuant to Article 83, in addition to, or instead of measures referred to in this paragraph, depending on the circumstances of each individual case;
to order the suspension of data flows to a recipient‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing. GDPR Article 4 Paragraph 9 in a third country or to an international organisation‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries GDPR Article 4 Paragraph 26.

Each supervisory authority‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 GDPR Article 4 Paragraph 21 shall have all of the following authorisation and advisory powers:
to advise the controller‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. GDPR Article 4 Paragraph 7 in accordance with the prior consultation procedure referred to in Article 36;
to issue, on its own initiative or on request, opinions to the national parliament, the Member State government or, in accordance with Member State law, to other institutions and bodies as well as to the public on any issue related to the protection of personal data‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person GDPR Article 4 Paragraph 1  ;
to authorise processing‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. GDPR Article 4 Paragraph 2 referred to in Article 36(5), if the law of the Member State requires such prior authorisation;
to issue an opinion and approve draft codes of conduct pursuant to Article 40(5);
to accredit certification bodies pursuant to Article 43;
to issue certifications and approve criteria of certification in accordance with Article 42(5);
to adopt standard data protection clauses referred to in Article 28(8) and in point (d) of Article 46(2);
to authorise contractual clauses referred to in point (a) of Article 46(3);
to authorise administrative arrangements referred to in point (b) of Article 46(3);
(j) to approve binding corporate rules‘binding corporate rules’ means personal data protection policies which are adhered to by a controller or processor established on the territory of a Member State for transfers or a set of transfers of personal data to a controller or processor in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity GDPR Article 4 Paragraph 20 pursuant to Article 47.

The exercise of the powers conferred on the supervisory authority‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 GDPR Article 4 Paragraph 21 pursuant to this Article shall be subject to appropriate safeguards, including effective judicial remedy and due process, set out in Union and Member State law in accordance with the Charter.

Each Member State shall provide by law that its supervisory authority‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 GDPR Article 4 Paragraph 21 shall have the power to bring infringements of this Regulation to the attention of the judicial authorities and where appropriate, to commence or engage otherwise in legal proceedings, in order to enforce the provisions of this Regulation.

Each Member State may provide by law that its supervisory authority‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 GDPR Article 4 Paragraph 21 shall have additional powers to those referred to in paragraphs 1, 2 and 3. The exercise of those powers shall not impair the effective operation of Chapter VII.