Article 63 of the GDPR: Consistency
Article 63 of the GDPR: Consistency
Article 63 of the GDPR introduces the principle of consistency in the application of the regulation at European level. It provides that supervisory authorities cooperate with each other and with the European Data Protection Board (EDPS) to ensure a harmonized interpretation of the rules.
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 EDPS intervenes to ensure uniform application;
- The authorities must exchange their opinions before any joint decision.
This mechanism avoids contradictions and reinforces them legal predictability for companies processing data in multiple countries.
Why is this article important for your GDPR compliance?
The principle of consistency allows you to benefit from a stable and coordinated regulatory framework, even when multiple 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 EDPS;
- Ensure legal monitoring of the authorities' common interpretations;
- Prepare your documentation taking into account standards shared at European level;
- Collaborate with your lead authority on cross-border processing.
Examples of application of Article 63 of the GDPR
- The EDPS 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 by the Committee.
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