4.5.2016
EN
Official Journal of the European Union
L 119/123
Article 40
International cooperation for the protection of personal data
In relation to third countries and international organisations, the Commission and Member States shall take appropriate
steps to:
(a) develop international cooperation mechanisms to facilitate the effective enforcement of legislation for the protection
of personal data;
(b) provide international mutual assistance in the enforcement of legislation for the protection of personal data,
including through notification, complaint referral, investigative assistance and information exchange, subject to
appropriate safeguards for the protection of personal data and other fundamental rights and freedoms;
(c) engage relevant stakeholders in discussion and activities aimed at furthering international cooperation in the
enforcement of legislation for the protection of personal data;
(d) promote the exchange and documentation of personal data protection legislation and practice, including on jurisdic
tional conflicts with third countries.
CHAPTER VI
Independent supervisory authorities
S ect i on 1
I nd ep e nde nt st a t us
Article 41
Supervisory authority
1.
Each Member State shall provide for one or more independent public authorities to be responsible for monitoring
the application of this Directive, in order to protect the fundamental rights and freedoms of natural persons in relation
to processing and to facilitate the free flow of personal data within the Union (‘supervisory authority’).
2.
Each supervisory authority shall contribute to the consistent application of this Directive throughout the Union.
For that purpose, the supervisory authorities shall cooperate with each other and with the Commission in accordance
with Chapter VII.
3.
Member States may provide for a supervisory authority established under Regulation (EU) 2016/679 to be the
supervisory authority referred to in this Directive and to assume responsibility for the tasks of the supervisory authority
to be established under paragraph 1 of this Article.
4.
Where more than one supervisory authority is established in a Member State, that Member State shall designate
the supervisory authority which are to represent those authorities in the Board referred to in Article 51.
Article 42
Independence
1.
Each Member State shall provide for each supervisory authority to act with complete independence in performing
its tasks and exercising its powers in accordance with this Directive.
2.
Member States shall provide for the member or members of their supervisory authorities in the performance of
their tasks and exercise of their powers in accordance with this Directive, to remain free from external influence,
whether direct or indirect, and that they shall neither seek nor take instructions from anybody.
3.
Members of Member States' supervisory authorities 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.
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.
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