16-953 GDPR Pocket Edition-FB

ALSTON & BIRD CHAPTER XI CHAPTER X

CHAPTER IX

CHAPTER VIII CHAPTER VII CHAPTER VI Table of Contents

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GDPR - Pocket Edition

Where the lead supervisory authority decides not to handle the case, the

supervisory authority which informed the lead supervisory authority shall

handle it according to Articles 61 and 62.

The lead supervisory authority shall be the sole interlocutor of the controller

or processor for the cross-border processing carried out by that controller

or processor.

Article 57

Tasks

Without prejudice to other tasks set out under this Regulation, each

supervisory authority shall on its territory:

(a) monitor and enforce the application of this Regulation;

(b) promote public awareness and understanding of the risks, rules,

safeguards and rights in relation to processing. Activities addressed

specifically to children shall receive specific attention;

the government, and other institutions and bodies on legislative and

administrative measures relating to the protection of natural persons’

rights and freedoms with regard to processing;

(d) promote the awareness of controllers andprocessors of their obligations

under this Regulation;

(e) upon request, provide information to any data subject concerning

the exercise of their rights under this Regulation and, if appropriate,

cooperate with the supervisory authorities in other Member States to

that end;

(f ) handle complaints lodged by a data subject, or by a body, organisation

or association in accordance with Article 80, and investigate, to the

extent appropriate, the subject matter of the complaint and inform

the complainant of the progress and the outcome of the investigation

within a reasonable period, in particular if further investigation or

coordination with another supervisory authority is necessary;

(g) cooperate with, including sharing information and provide mutual

assistance to, other supervisory authorities with a view to ensuring the

consistency of application and enforcement of this Regulation;

(h) conduct investigations on the application of this Regulation, including

on the basis of information received from another supervisory authority

or other public authority;

(i) monitor relevant developments, insofar as they have an impact on the

protectionof personal data, inparticular thedevelopmentof information

and communication technologies and commercial practices;

(j) adopt standard contractual clauses referred to in Article 28(8) and in

point (d) of Article 46(2);

(k) establish and maintain a list in relation to the requirement for data

protection impact assessment pursuant to Article 35(4);

(l) give advice on the processing operations referred to in Article 36(2);

(m) encourage the drawing up of codes of conduct pursuant to Article 40(1)

and provide an opinion and approve such codes of conduct which

provide sufficient safeguards, pursuant to Article 40(5);

(n) encourage the establishment of data protection certification

mechanisms and of data protection seals and marks pursuant to

Article 42(1), and approve the criteria of certification pursuant to

Article 42(5);

(o) where applicable, carry out a periodic review of certifications issued in

accordance with Article 42(7);

(p) draft and publish the criteria for accreditation of a body for monitoring

codes of conduct pursuant to Article 41 and of a certification body

pursuant to Article 43;

(q) conduct the accreditation of a body for monitoring codes of conduct

pursuant to Article 41 and of a certification body pursuant to

Article 43;

(r) authorise contractual clauses and provisions referred to in Article

46(3);

(s) approve binding corporate rules pursuant to Article 47;

(t) contribute to the activities of the Board;

(u) keep internal records of infringements of this Regulation and of

measures taken in accordance with Article 58(2); and

(v) fulfil any other tasks related to the protection of personal data.

Each supervisory authority shall facilitate the submission of complaints

referred to in point (f ) of paragraph 1 by measures such as a complaint

submission form which can also be completed electronically, without

excluding other means of communication.

The performance of the tasks of each supervisory authority shall be free of

charge for the data subject and, where applicable, for the data protection

officer.

Where requests are manifestly unfounded or excessive, in particular

because of their repetitive character, the supervisory authority may charge

a reasonable fee based on administrative costs, or refuse to act on the

request. The supervisory authority shall bear the burden of demonstrating

the manifestly unfounded or excessive character of the request.

Article 58

Powers

Each supervisory authority shall have all of the following investigative

powers:

(a) to order the controller and the processor, and, where applicable, the

controller’s or the processor’s representative to provide any information

it requires for the performance of its tasks;

(b) to carry out investigations in the form of data protection audits;