Article 55
Competence
(62) Whereas the establishment in Member States of supervisory authorities, exercising their functions with complete independence, is an essential component of the protection of individuals with regard to the processing of personal data;
Regulation
Art. 55 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. |
Directive
Art. 28 (…). 6. Each supervisory authority is competent, whatever the national law applicable to the processing in question, to exercise, on the territory of its own Member State, the powers conferred on it in accordance with paragraph 3. Each authority may be requested to exercise its powers by an authority of another Member State. (…). |
Hungary
No (special) provision under Hungarian law. |
Germany
Section 38 (1) The supervisory authority shall monitor implementation of this Act and other data protection provisions governing the automated processing of personal data or the processing or use of personal data in or from non-automated filing systems, including the rights of the member states in the cases under Section 1 (5) of this Act. It shall advise and support the data protection officials and the controllers with due regard to their typical requirements. The supervisory authority may process and use the data which it stores for supervisory purposes only; Section 14 (2), Nos. 1 to 3, 6 and 7 shall apply mutatis mutandis. The supervisory authority may, in particular, transfer data to other supervisory authorities for supervisory purposes. On request, it shall provide supplementary assistance to other Member States of the European Union (administrative assistance). If the supervisory authority establishes a breach of this Act or other data protection provisions, it shall be authorized to notify the data subjects accordingly, to report the breach to the bodies responsible for prosecution or punishment and, in cases of serious breaches, to notify the trade supervisory authority in order to initiate measures under industrial law. It shall publish an activity report on a regular basis, but at least every two years. Section 21 first sentence and Section 23 (5) sentences 4 to 7 shall apply mutatis mutandis.
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