Recital 129

(129) In order to ensure consistent monitoring and enforcement of this Regulation throughout the Union, supervisory authorities should have the same tasks and de facto powers in each Member State, including investigative, remedial, sanctioning, licensing and advisory powers, particularly in the case of complaints from individuals, and, without prejudice to the powers of prosecutorial authorities under the law of the Member State, the power to report violations of this Regulation to the judicial authorities and to participate in legal proceedings. Among these powers should also be the power to impose temporary or definitive restrictions on processing, including prohibiting processing. Member states may also define other tasks related to the protection of personal data under this Regulation. Supervisory authorities should exercise their powers in accordance with the appropriate procedural safeguards provided by Union and Member State law, impartially, fairly and within a reasonable time. In particular, any measure should be appropriate, necessary and proportionate to ensure compliance with this Regulation - taking into account the circumstances of the case, respecting the right to be heard of the person concerned before applying an individual measure that would adversely affect him or her, and without undue cost or inconvenience to the person concerned. Investigative powers when it comes to access to premises must be exercised in accordance with the specific requirements of the Member State's rules of procedure, such as the requirement for prior judicial authorization. Any legally binding measure of a supervisory authority should be in writing, be clear and unambiguous in nature, identify the supervisory authority that issued the measure and the date on which the measure was issued, bear the signature of the head or a member of the supervisory authority authorized by him, state the reasons for the measure, and inform about the right to an effective remedy. This should not preclude additional requirements under the Member State's rules of procedure. The issuance of a legally binding decision means that it may be subject to judicial review in the member state of the supervisory authority that issued it.

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Recital 129 of the preamble to the GDPR | ODO 24