1. Member States shall provide for each member of their supervisory authorities to be appointed by means of a transparent procedure by:
Article 53 GDPR - General conditions for the members of the supervisory authority
– their parliament;
– their government;
– their head of State; or
– an independent body entrusted with the appointment under Member State law.
2. 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.
3. 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.
4. 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.
Relevant Recitals
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
Paragraph 1 requires appointment by means of a transparent procedure carried out by the parliament, the government, the head of State or an independent body entrusted with the appointment under Member State law. The Member State chooses among these appointing bodies, but the transparency requirement applies in every case.
Under paragraph 2 each member must have the qualifications, experience and skills required to perform the duties and exercise the powers of the office, in particular in the area of the protection of personal data. The detailed eligibility conditions are for Member State law to define under point (b) of Article 54(1).
Paragraph 3 lists the expiry of the term of office, resignation and compulsory retirement, in accordance with the law of the Member State concerned. The duration of the term itself, of no less than four years, is fixed by national law under point (d) of Article 54(1).
Only in cases of serious misconduct or where the member no longer fulfils the conditions required for the performance of the duties, as paragraph 4 provides. This closed list protects members against removal on other grounds, such as displeasure with their decisions.
The appointment, tenure and dismissal rules give institutional substance to the requirement of complete independence in Article 52(1). A member who can be appointed opaquely or removed at will could not remain free from external influence as Article 52(2) demands, so the strict dismissal grounds of paragraph 4 operate as a safeguard of that independence.