Supervisory authority
A supervisory authority is an independent public authority established by a Member State pursuant to Art. 51 GDPR to monitor the application of the 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. It is the formal term for what is commonly called a data protection authority; each Member State has at least one (Germany has one federal and sixteen Länder authorities), and the EDPS fulfils the role for EU institutions.
Tasks under Art. 57 include monitoring and enforcing the GDPR, promoting awareness, advising national institutions, handling complaints, conducting investigations, approving codes of conduct, certification criteria, BCRs and standard clauses, drawing up DPIA lists, and contributing to the EDPB. Powers under Art. 58 are investigative (audits, access to premises), corrective (warnings, orders, bans, suspension of transfers, fines under Art. 83) and authorisation-related (prior consultation under Art. 36, approval of contractual clauses). Decisions can be appealed before national courts.
For organisations engaged in cross-border processing, the authority of the main establishment acts as lead supervisory authority under the one-stop-shop mechanism (Art. 56), cooperating with concerned authorities under Art. 60 and, in case of disagreement, through the EDPB's binding decision. Organisations without an EU establishment do not benefit from this and may face every concerned authority, acting through their Art. 27 representative. Life sciences companies deal with supervisory authorities when notifying breaches, when authorisation is required for health research under national law (CNIL, Garante), during inspections and when responding to complaints from participants or employees.
