The European Data Protection Board (EDPB) is an independent European body, which contributes to the consistent application of data protection rules throughout the European Union, and promotes cooperation between the EU’s data protection authorities (DPAs), as well as the DPAs of Iceland, Liechtenstein and Norway (the European Economic Area or EEA).
Who are the members of the Board?
The EDPB brings together the EU DPAs and the European Data Protection Supervisor (EDPS). The EEA EFTA countries (Iceland, Liechtenstein and Norway) are also members with regard to GDPR-related matters and without the rights to vote and to be elected as chair or deputy chair. The European Commission and - with regard to GDPR-related matters - the EFTA Surveillance Authority have the right to participate in the activities and meetings of the Board without voting rights.
The European Data Protection Supervisor (EDPS) is a Member of the European Data Protection Board. In addition, the EDPS provides the EDPB Secretariat. The Secretariat offers administrative and logistic support to the EDPB, performs analytical work and contributes to the EDPB’s tasks.
Although staff at the Secretariat is employed by the EDPS, staff members only work under the instructions of the Chair of the EDPB.
How does cross-border cooperation work under the GDPR?
The General Data Protection Regulation (GDPR) requires the Data Protection Authority (DPA) of the European Economic Area (EEA) to cooperate closely - under the umbrella of the European Data Protection Board (EDPB) - to ensure the consistent application of the GDPR and the protection of individuals’ data protection rights across the EEA. One of their tasks is to coordinate decision-making in cross-border data processing cases. A processing is cross-border when:
data processing takes place in more than one country;
or it substantially affects or it is likely to substantially affect individuals in more than one country.
Under the so-called one-stop-shop mechanism Art. 60 GDPR, the Lead Supervisory Authority (LSA) acts as the main point of contact for the controller or processor for a given processing, while the Concerned Supervisory Authorities (CSAs) act as the main point of contact for individuals in the territory of their Member State. The LSA is the authority in charge of leading the cooperation process. It will share relevant information with the CSAs, carry out the investigations, prepare the draft decision relating to the case, and cooperate with the other CSAs in an endeavour to reach consensus on this draft decision.
I think my data protection rights have been violated, what can I do?
If you believe your data protection rights have been violated you can contact the organisation holding your data, contact your national data protection authority (DPA), or go to a national court.
DPAs can conduct investigations and impose sanctions where necessary. You can find the contact details for all EEA DPAs here.
In which cases is the dispute resolution mechanism of Art. 65.1 (c) GDPR triggered?
While Art. 65 (a) and (b) relate to the one-stop-mechanism, Art.65.1 (c) GDPR concerns obligations of Data Protection Authorities (DPAs) stemming from the consistency mechanism.
More specifically, every competent DPA has the duty to request an opinion from the EDPB before adopting national measures pursuant to article 64.1 GDPR. Such measures include lists of processing operations for which a Data Protection Impact Assessment (DPIA) is required, or the approval of a new set of standard clauses. In addition, under Art. 64.2 GDPR, any SA may also request an EDPB consistency opinion on any matter of general application or producing effects in more than one Member State.
If an DPA does not request the opinion of the EDPB for the cases listed under Art. 64.1 GDPR or does not follow the EDPB opinion issued under Art. 64 GDPR, any DPA and the European Commission can launch the dispute resolution procedure of Art. 65.1 (c) GDPR about the matter.
The dispute resolution mechanism of Art. 65 GDPR has been triggered - what happens next?
Within one month from the referral of the subject matter, the EDPB must adopt a decision by a two-thirds majority.
The one-month deadline to adopt this binding decision can be extended by another month, if the case is complex. When the EDPB is not able to reach a decision within the abovementioned period, the decision must be adopted by a simple majority within two additional weeks. Should the members of the EDPB be split, the decision will be adopted by the vote of the EDPB Chair.
The EDPB has adopted its binding decision: when is it notified to the relevant national Data Protection Authorities (DPAs), in which language and what happens next?
Once the EDPB has adopted a binding decision, the EDPB Chair notifies the binding decision to the relevant national Data Protection Authorities (DPAs) without undue delay.
Prior to the notification, the binding decision is translated into the languages of the relevant national DPAs that have to adopt a final decision or take measures at national level on the basis of the binding decision1. Translation and proofreading can take a few weeks. In any case, the English version of the decision is the only authentic language version.
Next step for the relevant Data Protection Authorities (DPAs)
Once the relevant SAs have been notified of the binding decision, a decision has to be adopted at national level to implement the content of the binding decision. This decision will be adopted without undue delay and at the latest one month after the EDPB has notified its decision. For cross-border cases where no consensus was found (Art. 65.1 (a) GDPR), the final decision will be addressed to the controller or processor and, where relevant, to the complainant.
Please see paragraphs 6 and 7 of Art. 11 of the EDPB Rules of Procedure. In exceptional cases, other Concerned Supervisory Authority (CSAs) can request, providing the reasons, an urgent translation in their official EU language(s) no later than at the moment of adoption of the binding decision.
The EDPB aims to ensure the consistent application of the General Data Protection Regulation and of the Law Enforcement Directive in the European Economic Area (EEA). The EDPB also looks into the application of certain aspects of the ePrivacy Directive.
Our main tasks and duties are:
providing general guidance (including guidelines, recommendations and best practices) to clarify the law and to promote a common understanding of EU data protection laws;
adopting opinions addressed to the European Commission or to the national Data Protection Authorities (DPAs):
to advise the European Commission on any issue related to the protection of personal data and newly proposed legislation in the European Union (Art. 70 GDPR). In some instances, we issue Joint Opinions together with the EDPS (Art.42 of Regulation 2018/1725);
to ensure consistency of the activities of national data protection authorities (DPAs) on cross-border matters (Art. 64 GDPR). If authorities fail to respect an opinion issued by the EDPB, we may adopt a binding decision;
adopting binding decisions addressed to the national DPAs and aiming to settle disputes between them when they cooperate in cross-border cases, with the purpose of ensuring the correct and consistent application of the GDPR in individual cases;
promoting and supporting the cooperation among national DPAs.