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GDPR · Regulation (EU) 2016/679

Article 64

Compare the available Commission, Council and Parliament texts and amendments affecting this article.

Article total: 1 part · 4 Council drafts · 2 Parliament amendments

Removed wording is struck through; added or replacement wording is highlighted.

Institutional text

European Commission proposal

All Commission’s changes to GDPR

The wording proposed by the Commission at the start of this legislative file.

Full article with Commission changes

Article with proposed changes

Official consolidated text dated 4 May 2016, with the Commission proposal change affecting this article applied.

Removed by the proposal: Article 64(1)(a).

Article 64

Opinion of the Board

  1. 1.

    The Board shall issue an opinion where a competent supervisory authority intends to adopt any of the measures below. To that end, the competent supervisory authority shall communicate the draft decision to the Board, when it:

    1. (a)

      aims to adopt a list of the processing operations subject to the requirement for a data protection impact assessment pursuant to Article 35(4);

    2. (b)

      concerns a matter pursuant to Article 40(7) whether a draft code of conduct or an amendment or extension to a code of conduct complies with this Regulation;

    3. (c)

      aims to approve the requirements for accreditation of a body pursuant to Article 41(3), of a certification body pursuant to Article 43(3) or the criteria for certification referred to in Article 42(5);

    4. (d)

      aims to determine standard data protection clauses referred to in point (d) of Article 46(2) and in Article 28(8);

    5. (e)

      aims to authorise contractual clauses referred to in point (a) of Article 46(3); or

    6. (f)

      aims to approve binding corporate rules within the meaning of Article 47.

  2. 2.

    Any supervisory authority, the Chair of the Board or the Commission may request that any matter of general application or producing effects in more than one Member State be examined by the Board with a view to obtaining an opinion, in particular where a competent supervisory authority does not comply with the obligations for mutual assistance in accordance with Article 61 or for joint operations in accordance with Article 62.

  3. 3.

    In the cases referred to in paragraphs 1 and 2, the Board shall issue an opinion on the matter submitted to it provided that it has not already issued an opinion on the same matter. That opinion shall be adopted within eight weeks by simple majority of the members of the Board. That period may be extended by a further six weeks, taking into account the complexity of the subject matter. Regarding the draft decision referred to in paragraph 1 circulated to the members of the Board in accordance with paragraph 5, a member which has not objected within a reasonable period indicated by the Chair, shall be deemed to be in agreement with the draft decision.

  4. 4.

    Supervisory authorities and the Commission shall, without undue delay, communicate by electronic means to the Board, using a standardised format any relevant information, including as the case may be a summary of the facts, the draft decision, the grounds which make the enactment of such measure necessary, and the views of other supervisory authorities concerned.

  5. 5.

    The Chair of the Board shall, without undue, delay inform by electronic means:

    1. (a)

      the members of the Board and the Commission of any relevant information which has been communicated to it using a standardised format. The secretariat of the Board shall, where necessary, provide translations of relevant information; and

    2. (b)

      the supervisory authority referred to, as the case may be, in paragraphs 1 and 2, and the Commission of the opinion and make it public.

  6. 6.

    The competent supervisory authority referred to in paragraph 1 shall not adopt its draft decision referred to in paragraph 1 within the period referred to in paragraph 3.

  7. 7.

    The competent supervisory authority referred to in paragraph 1 shall take utmost account of the opinion of the Board and shall, within two weeks after receiving the opinion, communicate to the Chair of the Board by electronic means whether it will maintain or amend its draft decision and, if any, the amended draft decision, using a standardised format.

  8. 8.

    Where the competent supervisory authority referred to in paragraph 1 informs the Chair of the Board within the period referred to in paragraph 7 of this Article that it does not intend to follow the opinion of the Board, in whole or in part, providing the relevant grounds, Article 65(1) shall apply.

Commission source wording and instructions

Institutional text

Council Presidency texts

Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.

Article 64(1)(a)

May Presidency compromise

The Council draft deletes this provision and supplies no replacement wording. Open the official source to read the instruction in context.

Official source passage and amending instruction

Competing proposals

European Parliament amendments

These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.

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Remove proposed wording Amendment 402 · Virginie Joron IMCO
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against:
Source identification

Header printed in the source: Article 3 – paragraph 1 – point 12 / Regulation (EU) 2016/679 / Article 64 – paragraph 1 - point a

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1319 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
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against:
Source identification

Header printed in the source: Article 3 – paragraph 1 – point 12 / Regulation (EU) 2016/679 / Article 64 – paragraph 1 – point a

Deletion marker printed in the source: deleted