Article 31
Cooperation with the supervisory authority

Official
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EU Regulation
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Nat. Regulation
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(120) Each supervisory authority should be provided with the financial and human resources, premises and infrastructure necessary for the effective performance of their tasks, including those related to mutual assistance and cooperation with other supervisory authorities throughout the Union. Each supervisory authority should have a separate, public annual budget, which may be part of the overall state or national budget.

There is no recital in the Directive related to article 31.

The GDPR

Article 31 of the Regulation sets specific obligations to the controllers and the processors - as well as to their representative, as appropriate, to cooperate at the request of the supervisory authorities, in the performance of their tasks.

This obligation is obvious. Being contained in the first version of the text, it then disappeared to return in the last version. Doubtless, a sign among many others, of a strong political will to strengthen the powers of the supervisory authorities.

The Directive

Neither the Directive, nor most national laws contained a corresponding provision.

Potential issues

We do not see a priori any specific implementation difficulties.

Regulation
1e 2e

Art. 31

The controller and the processor and, where applicable, their representatives, shall cooperate, on request, with the supervisory authority in the performance of its tasks.

1st proposal close

No specific provision

2nd proposal close

No specific provision

Directive close

No specific provision

Section 38
Supervisory authority

...

(3) The bodies subject to monitoring and the persons responsible for their management shall provide the supervisory authority on request and without delay with the information necessary for the performance of its duties. A person obliged to provide information may refuse to do so where he/she would expose himself or one of the persons designated in Section 383 (1), Nos. 1 to 3, of the Code of Civil Procedure to the danger of criminal prosecution or of proceedings under the Administrative Offences Act. This shall be pointed out to the person obliged to provide information.

(4) The persons appointed by the supervisory authority to exercise monitoring shall be authorized, where necessary for the performance of the duties of the supervisory authority, to enter the property and premises of the body during business hours and to carry out checks and inspections there. They may inspect business documents, especially the list stipulated in Section 4g (2) first sentence of this Act as well as the stored personal data and the data processing programs. Section 24 (6) of this Act shall apply mutatis mutandis. The person obliged to provide information shall permit such measures.

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