Article 63 of the GDPR: Consistency

Article 63 of the GDPR: Consistency

Article 63 of the GDPR explained

The article provides for a consistency mechanism, activated when:

  • An authority wishes to adopt a measure with cross-border effects (e.g., sanctions, guidelines, validations of codes of conduct);
  • The EDPB intervenes to ensure uniform application;
  • The authorities must exchange their opinions before any joint decision.

This mechanism avoids contradictions and enhances legal predictability for companies processing data in multiple countries.

Why This Article is Important for Your GDPR Compliance

The consistency principle enables access to a stable and coordinated regulatory framework, even when several authorities are involved. It avoids divergent decisions that could harm your compliance strategy.

How to comply with Article 63 of the GDPR?

  • Follow the guidelines and decisions adopted by the EDPB;
  • Monitor legal developments regarding the common interpretations of the authorities;
  • Prepare your documentation taking into account Europe-wide shared standards;
  • Collaborate with your lead supervisory authority in the event of cross-border processing.

Application Examples of GDPR Article 63

  • The EDPB adopts guidelines on consent, followed by all authorities;
  • An authority consults its counterparts before approving a sectoral code of conduct;
  • A draft sanction is suspended pending a joint decision of the Committee.

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