Article 72 of the GDPR: Internal organization of the EDPS

Article 72 of the GDPR defines l’internal organization of the European Data Protection Board (EDPS). It establishes the rules for the operation, election, quorum and decision-making of the Committee.

Article 72 of the GDPR explained

The EDPS operates according to precise rules:

It elects a president and two vice-presidents by absolute majority;
It meets at the initiative of its president or at the request of a third of its members;
Each national data protection authority has one vote;
Quorum is reached when two thirds of the members are present;
Decisions are taken by simple majority, unless there are specific provisions.

These rules ensure democratic, efficient and representative functioning of the Member States.

Why is this article important for your GDPR compliance?

Even if it is organizational, this article guarantees the legitimacy of decisions taken by the EDPS. For businesses, this strengthens the legal reliability binding guidelines and decisions issued.

How to comply with Article 72 of the GDPR?

Pay attention to the evolution of the composition of the Committee (presidency, political turning points);
Take the meeting schedule into account in your GDPR monitoring;
Analyze the documents adopted at the EDPS plenary meeting;
Inform your stakeholders of formal developments and official publications.

Examples of application of Article 72 of the GDPR

The EDPS publishes a decision adopted at a plenary session meeting the required quorum;
A guideline is signed by the newly elected president;
The calendar of annual meetings is consulted to prepare for early monitoring.