Article 73 of the GDPR: Independence of EDPS staff

Article 73 of the GDPR specifies that members of the European Data Protection Board (EDPS) and its staff must carry out their missions in complete independence. In particular, it prohibits any external influence on their decision-making.

Article 73 of the GDPR explained

The text requires:

That members of the EDPS do not seek or accept instructions from any external body;
That they respect the obligations of discretion and confidentiality;
That they avoid any conflict of interest with their former functions or related activities;
That their independence also extends to their staff and contractual third parties.

This principle protects it neutrality of decisions rendered and their legal legitimacy.

Why is this article important for your GDPR compliance?

The independence of EDPS members guarantees the impartiality of decisions, opinions and recommendations that guide business practices. This strengthens it confidence in the uniform application of the GDPR, without bias or political influence.

How to comply with Article 73 of the GDPR?

Respect the EDPS's opinions as neutral references;
Make sure that your interactions with authorities do not seek to influence decisions;
Integrate recommendations into your GDPR policies seamlessly;
Train your legal teams to understand the principles of regulatory impartiality.

Examples of application of Article 73 of the GDPR

A company cannot challenge an EDPS decision by invoking a conflict of interest because independence is guaranteed by law;
A former member of the EDPS is subject to a post-employment duty of confidentiality;
The EDPS refuses to adapt a guideline under pressure from economic actors.