Editing Article 57 GDPR

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Under Article 57 (1)(f) GDPR, supervisory authorities should deal with data subjects' complaints (including complaints filed in accordance with Article 80 GDPR). This implies investigating the subject matter of the complaint and informing the complainant about the progress and result of the investigation. All the above should be performed within a reasonable period of time (see also Article 77(2)  and Article 78(2) GDPR). According to scholars, the provision under comment highlights a fundamental duty of the data protection authorities to process complaints quickly and efficiently and to avoid lengthy proceedings. <ref>Ehmann / Selmayr, General Data Protection Regulation, 2nd edition 2018, nn. 6-11</ref>
 
Under Article 57 (1)(f) GDPR, supervisory authorities should deal with data subjects' complaints (including complaints filed in accordance with Article 80 GDPR). This implies investigating the subject matter of the complaint and informing the complainant about the progress and result of the investigation. All the above should be performed within a reasonable period of time (see also Article 77(2)  and Article 78(2) GDPR). According to scholars, the provision under comment highlights a fundamental duty of the data protection authorities to process complaints quickly and efficiently and to avoid lengthy proceedings. <ref>Ehmann / Selmayr, General Data Protection Regulation, 2nd edition 2018, nn. 6-11</ref>
  
====(g) cooperate with other supervisory authorities, share information and provide mutual assistance to ensure consistent application of the GDPR across the EU and full enforcement;====
 
DPAs must share information and cooperate with other authorities in case a processing presents transnational profiles. It seems important to highlight that this type of cooperation does not require a cross-border processing as per Article 4(21) GDPR. The ''inter-agency cooperation'' can be regarded as a necessary instrument that allows supervisory authorities to monitor and enforce the application of the GDPR throughout the Union. Such aim would be impossible without a proactive cooperation. Therefore, it is the task of every national data protection supervisory authority, to work with other supervisory authorities, also through the exchange of information, and to provide them with administrative assistance in order to ensure the uniform application and enforcement of the GDPR''.''
 
  
====(h) conduct investigations on the application of this Regulation, including on the basis of information received from another supervisory authority or other public authority;====
 
The DPA can obviously carry out ''ex officio'' investigations to ensure compliance with the GDPR. To start the investigation, a data protection authority can obtain the information out of its own initiative or from another supervisory authority (e.g. in accordance with Article 60(1) and Article 61(1) of the GDPR). Relevant information can also be obtained by another authority (e.g. a competition SA, consumer protection or telecommunications authority). In any of these cases, the DPA can start an investigation.
 
  
====(i) monitor relevant developments, insofar as they have an impact on the protection of personal data, in particular the development of information and communication technologies and commercial practices;====
 
Another activity DPAs are tasked with is to follow any development relevant to data protection field. In particular, the DPA shall be updated on new communication technologies and business practices. This seems to be necessary in order to adequately carry out the other tasks, particularly monitoring and advice. To do so, the supervisory authorities shall be given appropriate human and technical resources (Article 52(4) GDPR).
 
  
====(j) adopt standard contractual clauses referred to in Article 28(8) and in point (d) of Article 46(2);====
 
Supervisory authorities can adopt standard contractual clauses in accordance with Article 28(8) and Article 46(2)(d) GDPR. Both cases trigger the ''coherence procedure'' before the EDPB according to Article 63, 64(1)(d) GDPR.
 
  
====(k) establish and maintain a list in relation to the requirement for data protection impact assessment pursuant to Article 35(4);====
 
Every DPA shall establish and maintain a list of the processing operations for which according a data protection impact assessment must always be carried out (Article 35(1) GDPR). On the other side, maintaining a ''negative list'' for cases where a DPIA is not needed is ''not a mandatory task''. However, according to Article 35(5), a DPA may also establish and make public a list of the kind of processing operations for which no data protection impact assessment is required. These lists are also to be submitted to the EDPS.
 
 
====(l) give advice on the processing operations referred to in Article 36(2);====
 
If the supervisory authority is of the opinion that the intended processing referred to in Article 36(1) would infringe the Regulation, it can provide written advice to the controller and, where applicable to the processor, and may use any of its powers referred to in Article 58. In these cases, the data protection officers of the responsible parties act as a contact point for the supervisory authorities in accordance with Article 39(1)(e) GDPR.
 
 
====(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);====
 
See comment under Article 40.
 
 
====(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);====
 
See comment under Article 42.
 
 
====(o) where applicable, carry out a periodic review of certifications issued in accordance with Article 42(7);====
 
See comment under Article 42.
 
 
====(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;====
 
See comments under Article 41 and 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;====
 
See comments under Article 41 and 43.
 
 
====(r) authorise contractual clauses and provisions referred to in Article 46(3);====
 
See comment under Article 46.
 
 
====(s) approve binding corporate rules pursuant to Article 47;====
 
See comment under Article 47.
 
 
====(t) contribute to the activities of the Board;====
 
''You can help us fill this section!''
 
 
====(u) keep internal records of infringements of this Regulation and of measures taken in accordance with Article 58(2); and====
 
See comment under Article 58.
 
 
====(v) fulfil any other tasks related to the protection of personal data.====
 
Article 57(1)(v) constitutes the residual provision for all “''other tasks related to the protection of personal data''”. The list of tasks is therefore not exhaustive and Member States can provide for further tasks in national law. However, these should be chosen carefully with a view to the respective financial resources and the already far-reaching tasks. <ref>Kühling / Buchner / Boehm, 3rd edition 2020, GDPR Art. 57 Rn. 24</ref>
 
  
 
===Submission of complaints should be facilitated===
 
===Submission of complaints should be facilitated===

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