Article 64 of the GDPR: Opinion of the European Data Protection Board

· By Bertrand BucelleBertrand Bucelle · 1 min read

Article 64 of the GDPR: Opinion of the European Data Protection Board

Article 64 of the GDPR Explained

The EDPB is referred to for a mandatory opinion in the following cases:

  • Draft decision by an authority concerning a certification, a code of conduct or binding corporate rules;
  • Determination of the lead authority in the event of cross-border processing;
  • Approval of standard contractual clauses relating to data transfers;
  • Other projects having a significant impact in several Member States.

The EDPB's opinion may or may not be followed, but in the event of disagreement between authorities, it can become binding (Article 65).

Why this article is important for your GDPR compliance

This article strengthens the consistency of practices among European authorities and clarifies procedures in complex cases. It allows you to anticipate the direction of decisions and adapt your policies accordingly.

How to Comply with GDPR Article 64

  • Follow the opinions and recommendations published by the EDPB on its official website;
  • Anticipate projects requiring European validation (e.g., contractual clauses, internal company rules);
  • Integrate the EDPB's criteria into your compliance documentation;
  • Take into account the opinions in your regulatory watch.

Examples of Application of Article 64 of the GDPR

  • The EDPB issues an opinion on a draft code of conduct in the health sector;
  • A supervisory authority requests an opinion on a national certification applicable to SMEs;
  • Standard contractual clauses are approved with the favourable opinion of the EDPB.

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