Article 92 GDPR: European Data Protection Board (legal aspects)
Article 92 of the GDPR explained
The European Data Protection Board (EDPB) is an independent body composed of representatives of the data protection authorities of each Member State, as well as the European Data Protection Supervisor.
Article 92 gives it the legal personality, which means he can:
- initiate legal proceedings.
- conclude contracts,
- manage your own budget.
- represent the entire EU in the protection of personal data.
This status allows the committee to act effectively and autonomously to coordinate the implementation of the GDPR in all member countries.
Why is this article important for your GDPR compliance?
Although this article mainly concerns European authorities and institutions, it ensures that the European Committee is operational and legally autonomous. This strengthens consistency in the application of GDPR at EU level and the Committee's ability to publish clear guidelines, useful for professionals.
How to comply with Article 92 of the GDPR?
Article 92 does not contain direct requirements for companies or organizations processing data. However, it is advisable to:
- follow the guidelines regularly and recommendations published by the Committee,
- adapt your practices these guidelines to remain compliant with a harmonized interpretation of the GDPR at European level.
Examples of application of Article 92 of the GDPR
- A company operating in several Member States can rely on EDPB Guidelines to harmonize its data processing.
- The Committee can also intervene to resolve cross-border disputes, relying on its legal personality.
- National authorities rely on its decisions and recommendations to examine their own cases.
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