Article 31
Cooperation with the supervisory authority

Official
Texts
Guidelines
& Caselaw
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EU Regulation
Review of
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

No specific provision.

 

Hungary close

Investigation by the Authority

§ 54 Data Protection Act

[...]

(2) The data controller inspected and the organization or person involved in the case at hand shall comply with the Authority’s request under Subsection (1) within the time limit prescribed by the Authority. The time limit prescribed by the Authority may not be less than fifteen days in the cases referred to in Paragraphs d) and e) of Subsection (1).

[...]

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