Article 68 of the GDPR: The European Data Protection Board (EDPS)
Article 68 of the GDPR: The European Data Protection Board (EDPS)
Article 68 of the GDPR creates and defines the European Data Protection Board (EDPS), the European authority responsible for ensuring consistent application of the GDPR in all Member States.
Article 68 of the GDPR explained
The EDPS is an independent body of the European Union which succeeds the Article 29 Group. It is composed of one representative per national supervisory authority, the European Data Protection Supervisor (EDPS), and a secretariat provided by the EDPS.
Its main missions include:
- Ensure consistent application of the GDPR;
- Issue opinions on cross-border issues (art. 64);
- Adopt binding decisions in the event of disagreements (art. 65);
- Advise the European Commission;
- Promote cooperation between authorities.
Why is this article important for your GDPR compliance?
The EDPS plays a central role in the interpretation of the GDPR. Following its opinions, guidelines and decisions allows you to adopt them harmonized good practices expected across the EU. It is also your point of reference for any major case law or arbitration regarding compliance.
How to comply with Article 68 of the GDPR?
- Integrate the EDPS' recommendations into your internal policies;
- Subscribe to its official publications to follow developments in European data protection law;
- Analyze restrictive decisions and adapt your treatments;
- In the event of cross-border processing, anticipate the Committee's expectations.
Examples of application of Article 68 of the GDPR
- The EDPS adopts a guideline on the legality of transfers outside the EU;
- It resolves a dispute between several supervisory authorities;
- It issues an opinion on a legal basis invoked by a major digital platform.
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