The announcement of an ‘audit’ often raises concerns within European Union institutions, bodies, offices and agencies (EUIs). An EDPS audit may be perceived as an additional burden on already busy teams or as a signal of heightened scrutiny.
This blog post proposes a different perspective. It explains why EDPS audits are not only a legal necessity, but also a predictable, proportionate and genuinely useful supervisory tool. While an audit may temporarily require focused attention from an EUI for one or two days, that investment of time delivers concrete benefits in terms of legal certainty, risk management and trust.
1. A predictable legal obligation
The primary reason for the EDPS to conduct audits is straightforward: it is legally required to do so. The EDPS is tasked with monitoring and enforcing the application of the Data Protection Regulation for EUIs (the EUDPR),[1] and one of the investigative tools expressly granted to the EDPS is the power to carry out investigations in the form of data protection audits.[2]
The accountability principle introduced by the General Data Protection Regulation (GDPR) and mirrored in the EUDPR does not imply lighter supervision. On the contrary, it presupposes that controllers are able to demonstrate compliance when this is verified by the competent supervisory authority, including through on‑the‑spot checks. This understanding has also been confirmed by the Court of Justice of the European Union, which has emphasised in its ruling on the Land Hessen case (Case C‑768/21) that data protection authorities must ensure a consistent and high level of protection of personal data through effective enforcement.
Seen from this angle, EDPS audits are not ad hoc or discretionary interventions. They are a predictable and transparent element of the supervisory framework that applies equally to all EUIs, ensuring fairness, legal certainty and consistency in supervision.
2. An opportunity to be understood as a controller
The term ‘audit’ originates from the Latin audire – ‘to hear’. This is a useful reminder of how EDPS audits are conducted in practice. During an audit, the EDPS seeks first and foremost to understand how a specific processing operation is organised and why certain choices have been made.
This understanding is built through structured interviews with relevant staff, examination of documentation, and review of supporting evidence. The objective is to obtain an accurate and independent picture of how the processing operates in its real organisational and technical context.
By gaining a better understanding of the controller’s constraints, objectives and operational realities, the EDPS is able to formulate recommendations that are tailored to the EUI concerned and targeted to its concrete business needs, rather than abstract or generic compliance advice.
3. Early risk detection and improved data protection
EDPS audits also play a preventative role, making it possible to identify potential infringements, weaknesses or maladjusted practices at an early stage. Addressing issues early helps guide processing operations onto a compliant path before risks materialise or escalate.
This approach benefits both data subjects and EUIs. It strengthens the protection of individuals’ rights while allowing EUIs to adjust their practices in a timely and proportionate manner, without compromising their missions or operational objectives.
Audits can also bring added value in the controller–processor relationship. By examining how EUIs supervise and monitor their processors, the EDPS may help uncover gaps in contractual arrangements or oversight mechanisms and suggest practical improvements. External scrutiny can also help challenge established practices and highlight alternative solutions that may not have been considered internally.
In this sense, EDPS audits function as a form of structured risk management, helping EUIs reduce legal, operational and reputational exposure over time.
4. External assurance for management and DPOs
From a managerial perspective, an audit from the EDPS may also aid strategic decision-making, because it provides EUIs with independent and authoritative assurance regarding key personal data processing operations. The audit findings and recommendations can inform those choices, particularly when prioritising resources, remediation measures or longer‑term compliance initiatives.
Data Protection Officers (DPOs) have the opportunity to play a central role throughout the audit process. They may follow the audit closely, support the controller, and act as a privileged interlocutor with the EDPS. Audit outcomes may also serve as a useful reference point for DPOs, allowing them to draw analogous conclusions and apply lessons learned to similar processing operations beyond the specific audit scope.
5. Transparency and trust
Finally, EDPS audits contribute to transparency and trust. Independent supervision reassures EUI staff, EU citizens and other individuals that personal data are handled responsibly and in accordance with the law.
Through audits, the EDPS assesses how processing operations are implemented in practice and, where necessary, draws attention to risks affecting both data subjects and controllers. By promoting best practices and continuous improvement, audits help reinforce a culture of data protection within EUIs.
Effective compliance ultimately depends on active and credible external supervision. EDPS audits are a key safeguard in this respect, supporting EUIs in meeting their legal obligations while fostering trust in their work.
The EDPS fully recognises the efforts made by EUIs to comply with the EUDPR. The approach taken during audits is to understand how personal data are processed in practice and to help make those processing operations more robust and, where necessary, more compliant. The aim is to provide tailored, proportionate recommendations that take into account institutional needs, available resources, data subjects’ rights and the applicable legal framework.
For these reasons, the next time you receive an announcement letter for an EDPS audit, it may be worth looking at it through a different lens: as an opportunity for constructive dialogue with data protection experts, for identifying concrete improvements, and for strengthening trust in your organisation’s data processing practices.