Article 64 of the GDPR: Opinion of the European Data Protection Board
Article 64 of the GDPR: Opinion of the European Data Protection Board
Article 64 of the GDPR regulates the situations in which the European Data Protection Board (EDPS) must issue an opinion. This opinion helps to ensure a uniform interpretation of the regulation across the European Union.
Article 64 of the GDPR explained
The EDPS is asked for a mandatory opinion in the following cases:
- Draft decision of an authority on a certification, code of conduct or binding corporate rule;
- Determination of lead authority in case of cross-border processing;
- Approval of standard contractual clauses relating to data transfers;
- Other projects with a significant impact in several Member States.
The EDPS' opinion may or may not be followed, but in the event of disagreement between authorities it may become binding (article 65).
Why is this article important for your GDPR compliance?
This article reinforces the consistency of practices between authorities european and clarifies procedures in complex cases. It allows you to anticipate the direction of decisions and adapt your policies accordingly.
How to comply with Article 64 of the GDPR?
- Follow the opinions and recommendations published by the EDPS on his official website;
- Anticipate projects requiring European validation (e.g. contractual clauses, internal company rules);
- Integrate the EDPS criteria into your compliance documentation;
- Take notices into account in your regulatory monitoring.
Examples of application of Article 64 of the GDPR
- The EDPS issues an opinion on a draft code of conduct in the health sector;
- An authority requests an opinion on a national certification applicable to SMEs;
- Standard contractual clauses are approved with the favorable opinion of the EDPS.
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