Article 74 of the GDPR: Rules of confidentiality and liability of EDPS staff
Article 74 of the GDPR: Rules of confidentiality and liability of EDPS staff
Article 74 of the GDPR sets out the obligations of confidentiality, integrity and accountability applicable to members and staff of the European Data Protection Board (EDPS).
Article 74 of the GDPR explained
This article specifies that:
- EDPS members must act with honesty, loyalty and independence;
- They must preserve the confidentiality of the information processed even after the end of their mandate;
- They are responsible for any violation of these obligations, according to Union law;
- Liability rules may extend to staff members or service providers involved in the work of the EDPS.
These guarantees reinforce the credibility of decisions taken and protect the confidentiality of sensitive data processed.
Why is this article important for your GDPR compliance?
Compliance with strict confidentiality rules by the authorities strengthens the confidence in the personal data governance system. This means that any information transmitted to the EDPS or national authorities is protected by law.
How to comply with Article 74 of the GDPR?
- Collaborate with authorities transparently, knowing that your data will be treated confidentially;
- Implement similar internal rules for your own GDPR staff;
- Raise awareness among those authorized to process requests from authorities about the confidentiality of exchanges;
- Respect the principles of loyalty and integrity in all your GDPR procedures.
Examples of application of Article 74 of the GDPR
- An EDPS member cannot disclose an ongoing investigation or strategic information to a third party;
- An external DPO provider applies a confidentiality clause aligned with Article 74;
- Failure to respect confidentiality may result in liability proceedings.
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