General conditions and rules for the Supervisory Authority

General Conditions for the member of supervisory authority:

Art.53 of the GDPR provides for the general conditions which each each member state is must to follow and it provides that the member state must provide for each each member of their supervisory authorities to be appointed by all means of transparent procedure by –

  1. Their parliament 
  2. Their government 
  3. Their head of state; or 
  4. An independent body entrusted with the appointment under member state law.

Article 53 asks each member to 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 as per the laws 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. 

Rules on the Establishment of the Supervisory Authority:

Art.54 provides certain rules which are essential for each member state must provide by law for the followings-

  1. The establishment of each supervisory authority;
  2. The qualification and eligibility conditions required to be appointed as member of each supervisory authority;
  3. The rules and procedures for the appointment of the member or members of each supervisory authority;
  4. The duration of the term of the memeber/s of each supervisory authority of no less than 4 years, except for the first appointment after 24th 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;  
  5. Whether and if, so, for how many terms the member/s or member of each supervisory authority is eligible for appointment;
  6. The conditions governing the obligations of the member/s and staff of each supervisory authority, prohibitions on actions, occupations and benefits incompatible therewith during and after term of office and rules governing the cessation of employment.      

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