The independence of supervisory authorities and their members should be reflected in the appointment procedure and general conditions regarding the performance of their duties. In this regard, Articles 53 and 54 of GDPR stipulate what kind of legal instruments Member States are required to provide for this purpose.
According to Article 53 of GDPR, the parliament, the government, the head of State or an independent body entrusted under Member State law are entitled to appoint, in a transparent procedure, each member of supervisory authorities. Member States should determine in their domestic law which national body is competent to appoint supervisory authorities’ members (depending on the constitutional and political system of a particular Member State) and by which procedure.
Technicalities such as formal procedures in the event of the expiry of the term of office, resignation or compulsory retirement, the method of handing over the duties after termination, conditions for resignation, the exact moment of termination or expiration of the office or compulsory retirement are left to laws of particular Member States.
Article 53(4) of GDPR states that a supervisory authority member may be dismissed only in cases of serious misconduct or if s/he no longer fulfils the conditions required for the performance of the duties.
Article 54(1) of GDPR further clarifies that Member States are obliged to specify in their national laws following elements: the procedure of establishing a supervisory authority, qualification requirements and appointment procedure; the duration of the term of members of supervisory authorities and their reappointment; the conditions governing the obligations of members of supervisory authorities and their staff, including prohibitions on actions, occupations and benefits incompatible therewith during and after the term of office; and rules governing the cessation of employment.