L 119/124
Official Journal of the European Union
EN
4.5.2016
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.
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.
Article 43
General conditions for the members of the supervisory authority
1.
Member States shall provide for each member of their supervisory authorities to be appointed by means of a
transparent procedure by:
— their parliament;
— their government;
— their head of State; or
— an independent body entrusted with the appointment under Member State law.
2.
Each member shall have the qualifications, experience and skills, in particular in the area of the protection of
personal data, required to perform their duties and exercise their powers.
3.
The duties of a member shall end in the event of the expiry of the term of office, resignation or compulsory
retirement, in accordance with the law of the Member State concerned.
4.
A member shall be dismissed only in cases of serious misconduct or if the member no longer fulfils the conditions
required for the performance of the duties.
Article 44
Rules on the establishment of the supervisory authority
1.
Each Member State shall provide by law for all of the following:
(a) the establishment of each supervisory authority;
(b) the qualifications and eligibility conditions required to be appointed as a member of each supervisory authority;
(c) the rules and procedures for the appointment of the member or members of each supervisory authority;
(d) the duration of the term of the member or members of each supervisory authority of not less than four years,
except for the first appointment after 6 May 2016, part of which may take place for a shorter period where that is
necessary to protect the independence of the supervisory authority by means of a staggered appointment procedure;
(e) whether and, if so, for how many terms the member or members of each supervisory authority is eligible for
reappointment;
(f) the conditions governing the obligations of the member or members and staff of each supervisory authority,
prohibitions on actions, occupations and benefits incompatible therewith during and after the term of office and
rules governing the cessation of employment.
2.
The member or members and the staff of each supervisory authority shall, in accordance with Union or Member
State law, be subject to a duty of professional secrecy both during and after their term of office, with regard to any
confidential information which has come to their knowledge in the course of the performance of their tasks or the
exercise of their powers. During their term of office, that duty of professional secrecy shall in particular apply to
reporting by natural persons of infringements of this Directive.
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