The controller and the processor and, where applicable, their representatives, shall cooperate, on request, with the supervisory authority in the performance of its tasks.
Article 31
Cooperation with the supervisory authority
Understanding This Article
Article 31 is brief but essential—it creates a legal obligation to cooperate with supervisory authorities. While Article 58 grants authorities investigative powers (requesting information, conducting audits, accessing premises), Article 31 imposes the corresponding duty on organizations to comply with those requests.
Cooperation includes responding to information requests, providing access to processing systems and data, facilitating audits and inspections, answering questions during investigations, and producing documentation. Refusing to cooperate, obstructing investigations, or providing false information can result in administrative fines under Article 83(5)(e) for non-compliance with authority orders.
This obligation is fundamental to effective enforcement. Without cooperation duties, authorities would struggle to investigate complaints, verify compliance, or gather evidence of violations. Article 31 ensures organizations can't simply ignore supervisory authorities.
Key Points
- Controllers and processors must cooperate with supervisory authorities
- Cooperation required upon request
- Applies to representatives as well
- Enables effective supervisory authority investigations
- Supports Article 58 investigative and corrective powers
- Non-cooperation can lead to fines and enforcement action