Article 55 GDPR - Competence

1. Each supervisory authority shall be competent for the performance of the tasks assigned to and the exercise of the powers conferred on it in accordance with this Regulation on the territory of its own Member State.
2. Where processing is carried out by public authorities or private bodies acting on the basis of point (c) or (e) of Article 6(1), the supervisory authority of the Member State concerned shall be competent. In such cases Article 56 does not apply.
3. Supervisory authorities shall not be competent to supervise processing operations of courts acting in their judicial capacity.

Frequently Asked Questions

Short answers to common questions about this provision. They are general information and not legal advice.

Under paragraph 1 each supervisory authority is competent to perform its tasks and exercise its powers under the Regulation on the territory of its own Member State. Those tasks and powers are set out principally in Articles 57 and 58.

Where processing is carried out by public authorities, or by private bodies acting on the basis of point (c) or (e) of Article 6(1), paragraph 2 makes the supervisory authority of the Member State concerned competent and expressly disapplies Article 56. Processing based on a legal obligation or on a task in the public interest or official authority therefore never enters the one-stop-shop.

Not when acting in their judicial capacity, as paragraph 3 provides. This preserves the independence of the judiciary, and Recital 20 explains that oversight of such judicial processing may be entrusted to specific bodies within the Member State's judicial system.

No. Paragraph 3 is limited to processing operations of courts acting in their judicial capacity, so processing outside that capacity, such as administration of court staff, remains within the supervisory authority's competence. Where exactly judicial capacity ends is not defined in the text and must be assessed against the purpose of safeguarding judicial independence reflected in Recital 20.

Article 56 operates without prejudice to Article 55, so the territorial competence of paragraph 1 remains the baseline. For cross-border processing, Article 56 concentrates the competence to act in the lead supervisory authority, except in the situations covered by Article 55(2) and in the local cases described in Article 56(2).