General Data Protection Regulation

Article 58

Powers

1. Each supervisory authority shall have all of the following investigative powers:

2. Each supervisory authority shall have all of the following corrective powers:

3. Each supervisory authority shall have all of the following authorisation and advisory powers:

4. The exercise of the powers conferred on the supervisory authority pursuant to this Article shall be subject to appropriate safeguards, including effective judicial remedy and due process, set out in Union and Member State law in accordance with the Charter.

5. Each Member State shall provide by law that its supervisory authority shall have the power to bring infringements of this Regulation to the attention of the judicial authorities and where appropriate, to commence or engage otherwise in legal proceedings, in order to enforce the provisions of this Regulation.

6. Each Member State may provide by law that its supervisory authority shall have additional powers to those referred to in paragraphs 1, 2 and 3. The exercise of those powers shall not impair the effective operation of Chapter VII.

Holdings

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C-200/234 Oct 2024

Agentsia po vpisvaniyata v OL

An opinion of a Member State supervisory authority issued under Article 58(3)(b) of Regulation 2016/679 does not by itself exempt from liability under Article 82(2) the authority responsible for maintaining that Member State's commercial register, where that authority is a 'controller' within the meaning of Article 4(7).

C-768/2126 Sept 2024

TR v Land Hessen

A supervisory authority is not required to use a corrective power under Article 58(2), including imposing an administrative fine, after finding a personal-data breach if doing so would not be appropriate, necessary, or proportionate to remedy the shortcoming and ensure full enforcement of the GDPR.

C-46/2314 Mar 2024

Budapest Főváros IV. Kerület Újpest Önkormányzat Polgármesteri Hivatala v Nemzeti Adatvédelmi és Információszabadság Hatóság

Under Article 58(2)(d) and (g) of Regulation 2016/679, a Member State supervisory authority may, in the exercise of its corrective powers, order a controller or processor to erase unlawfully processed personal data even though the data subject has made no request for erasure under Article 17(1).

C-46/2314 Mar 2024

Budapest Főváros IV. Kerület Újpest Önkormányzat Polgármesteri Hivatala v Nemzeti Adatvédelmi és Információszabadság Hatóság

Under Article 58(2) of Regulation 2016/679, a Member State supervisory authority's power to order the erasure of unlawfully processed personal data applies both to data collected from the data subject and to data originating from another source.

C-306/2120 Oct 2022

Komisia za zashtita na lichnite danni and Tsentralna izbiratelna komisia v Koalitsia „Demokratichna Bulgaria - Obedinenie"

Article 6(1)(e) and Article 58 do not prevent the competent authorities of a Member State from adopting a generally applicable administrative measure that limits, or where appropriate prohibits, video recording during vote counting at polling stations in elections in that Member State.

C-645/1915 Jun 2021

Facebook Ireland Ltd and Others v Gegevensbeschermingsautoriteit

A supervisory authority of a Member State that has power under national legislation adopted to transpose Article 58(5) of Regulation 2016/679 to bring alleged infringements before a court may exercise that power in relation to cross-border data processing even if it is not the lead supervisory authority under Article 56(1). That is so only where Regulation 2016/679 gives that authority competence to adopt a decision finding that the processing infringes the regulation, and where the regulation's cooperation and consistency procedures are respected.

C-645/1915 Jun 2021

Facebook Ireland Ltd and Others v Gegevensbeschermingsautoriteit

In cross-border data processing, a supervisory authority of a Member State other than the lead supervisory authority may initiate or engage in legal proceedings under Article 58(5), even if the controller or processor against whom those proceedings are brought has neither a main establishment nor another establishment in that Member State.

C-645/1915 Jun 2021

Facebook Ireland Ltd and Others v Gegevensbeschermingsautoriteit

Under Article 58(5) of Regulation 2016/679, a supervisory authority that is not the lead supervisory authority may bring alleged infringements before the courts of its Member State in relation to either the controller's main establishment in that State or another establishment. That power exists only where the proceedings concern processing carried out in the context of that establishment's activities and where that authority is competent to exercise that power, in accordance with the answer to the first question referred.

C-645/1915 Jun 2021

Facebook Ireland Ltd and Others v Gegevensbeschermingsautoriteit

Under Article 58(5) of Regulation 2016/679, a supervisory authority that is not the lead supervisory authority and brought court proceedings before 25 May 2018 about cross-border processing may continue those proceedings under Directive 95/46/EC, which remains applicable to infringements committed up to the date of that directive's repeal. That authority may also pursue those proceedings for infringements committed after that date under Article 58(5) of Regulation 2016/679, but only where that regulation exceptionally gives a supervisory authority that is not the lead supervisory authority competence to adopt a decision finding an infringement, and provided that the regulation's cooperation and consistency procedures are respected, which is for the referring court to determine.

C-645/1915 Jun 2021

Facebook Ireland Ltd and Others v Gegevensbeschermingsautoriteit

Article 58(5) of Regulation 2016/679 has direct effect. A national supervisory authority may rely on it to bring or continue proceedings against private parties even if that provision has not been specifically implemented in the legislation of the Member State concerned.