---
title: "Art. 52 GDPR: Independence"
canonical: "https://dposchool.com/gdpr/article/52"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679#art_52"
source_note: "Source: Regulation (EU) 2016/679, Official Journal L 119, 4.5.2016, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu"
text_as_of: "2026-10-28"
last_reviewed: "2026-10-29"
language: "en"
publisher: "DPO School"
---

Art. 52 GDPR · Chapter VI: Independent supervisory authorities · Section 1: Independent status

# Article 52 GDPR: Independence

Text as of 28 October 2026 · [Reviewed by Sergio Maldonado Elvira on 29 October 2026](https://dposchool.com/gdpr/about#review)

## Official text

### Article 52(1)

**1.** Each supervisory authority shall act with complete independence in performing its tasks and exercising its powers in accordance with this Regulation.

### Article 52(2)

**2.** The member or members of each supervisory authority shall, in the performance of their tasks and exercise of their powers in accordance with this Regulation, remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from anybody.

### Article 52(3)

**3.** Member or members of each supervisory authority shall refrain from any action incompatible with their duties and shall not, during their term of office, engage in any incompatible occupation, whether gainful or not.

### Article 52(4)

**4.** Each Member State shall ensure that each supervisory authority is provided with the human, technical and financial resources, premises and infrastructure necessary for the effective performance of its tasks and exercise of its powers, including those to be carried out in the context of mutual assistance, cooperation and participation in the Board.

### Article 52(5)

**5.** Each Member State shall ensure that each supervisory authority chooses and has its own staff which shall be subject to the exclusive direction of the member or members of the supervisory authority concerned.

### Article 52(6)

**6.** Each Member State shall ensure that each supervisory authority is subject to financial control which does not affect its independence and that it has separate, public annual budgets, which may be part of the overall state or national budget.

## Source

Source: Regulation (EU) 2016/679, Official Journal L 119, 4.5.2016, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu

[Article 52 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679#art_52)

Text as of 28 October 2026.

This is reference material, not legal advice.

## Related recitals

This list is under review.

- [Recital 117](https://dposchool.com/gdpr/recital/117)

## Navigation

[GDPR Navigator](https://dposchool.com/gdpr) / [Chapter VI](https://dposchool.com/gdpr/chapter/6) / Article 52

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Next: [Art. 53 GDPR: General conditions for the members of the supervisory authority](https://dposchool.com/gdpr/article/53)

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