Article 18 of ePrivacy Regulation: Independent Supervisory Authorities (Proposed Text)
The proposed text for ePrivacy Regulation Article 18 from the 4th of May, 2018 is below, covering the independent supervisory authorities. This will likely change in the next month or two as they are meeting to discuss the changes to the current ePrivacy Directive. We will update accordingly. Negotiations continue about the precise text and the current version gives one year from the date of entry into force for implementation. We will post the full text when it is available.
Article 18: Independent supervisory authorities
0. Each Member State shall provide for one or more independent public authorities to be responsible for monitoring the application of this Regulation (‘supervisory authorities’), in accordance with paragraphs 1 to 1aa of this Article.
1. The independent supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall also be responsible for monitoring the application of Chapter II of this Regulation. Without prejudice to article 19, Chapters VI and VII of Regulation (EU) 2016/679 shall apply mutatis mutandis. The tasks and powers of the supervisory authorities shall be exercised with regard to end-users.
1a. Member Sates shall entrust the monitoring of the application of Chapter III of this Regulation to the supervisory authorities referred to in paragraph 1 of this Article or to other supervisory authorities having the appropriate expertise and independence.
1aa. The supervisory authorities referred to in paragraphs 1 and 1a shall have the power to provide remedies pursuant to article 21(1) and to impose administrative fines pursuant to article 23.
1b. Where more than one supervisory authority is responsible for monitoring the application of this Regulation in a Member State, such authorities shall cooperate with each other.
2. The supervisory authorities referred to in paragraphs 1 and 1a shall cooperate whenever appropriate with national regulatory authorities established pursuant to the [Directive Establishing the European Electronic Communications Code].
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