GDPR · Regulation (EU) 2016/679
Article 70
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 10 parts · 4 Council drafts · 30 Parliament amendments
Removed wording is struck through; added or replacement wording is highlighted.
Institutional text
European Commission proposal
All Commission’s changes to GDPRThe 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 all 4 Commission proposal changes affecting this article applied.
Removed by the proposal: Article 70(1)(h).
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (h)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph as to the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of the natural persons referred to in Article 34(1). - (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
No standalone Commission wording is mapped to this tracked part. A newly proposed provision may have no earlier text of its own.
Commission source wording and instructions
Article 70(1)(h)
Commission proposal
13. In Article 70(1), point (h) is deleted.
Article 70(1)(ha)
Commission proposal
(ha) prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
Article 70(1)(hb)
Commission proposal
(hb) prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
Article 70(1)(hc)
Commission proposal
(hc) prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
Institutional text
Council Presidency texts
Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.
No Council wording is mapped to this tracked part.
Article in May Presidency compromise Council text
Comparison basis: Existing law (4 May 2016) compared with May Presidency compromise (21 May 2026)
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(
21); - (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (h)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph as to the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of the natural persons referred to in Article 34(1). - (ha)
establish a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
establish a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
establish a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 and a list of the circumstances in which it is not likely to result in such a high risk. (hca) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the appropriate technical and organisational measures to ensure a level of security appropriate to the level of risk pursuant to Article 32. (hcb) issue the opinion on the application of pseudonymisation and anonymisation referred to in Article 29a.
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Article 70(1)(f)
May Presidency compromise
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(1)
Article 70(1)(h)
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
In Article 70(1), point (h) is deleted.
Article 70(1)(ha)
May Presidency compromise
Council wording reconstructed for this provision from the official operation
(ha) establish a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
Article 70(1)(hb)
May Presidency compromise
Council wording reconstructed for this provision from the official operation
(hb) establish a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
Article 70(1)(hc)
May Presidency compromise
Council wording reconstructed for this provision from the official operation
(hc) establish a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 and a list of the circumstances in which it is not likely to result in such a high risk.
issue guidelines, recommendations and best practices in accordance with point
of this paragraph for the purpose of further specifying the appropriate technical and organisational measures to ensure a level of security appropriate to the level of risk pursuant to Article 32.
issue the opinion on the application of pseudonymisation and anonymisation referred to in Article 29a.
Article in June Presidency compromise · 10 June Council text
Comparison basis: Existing law (4 May 2016) compared with June Presidency compromise · 10 June (10 June 2026)
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(
21); - (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (h)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph as to the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of the natural persons referred to in Article 34(1). - (ha)
establish a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
establish a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
establish a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 and a list of the circumstances in which it is not likely to result in such a high risk. (hca) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the appropriate technical and organisational measures to ensure a level of security appropriate to the level of risk pursuant to Article 32. (hcb) issue the opinion on the application of pseudonymisation and anonymisation referred to in Article 29a.
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Article 70(1)(f)
June Presidency compromise · 10 June
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(1)
Article 70(1)(h)
June Presidency compromise · 10 June
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
In Article 70(1), point (h) is deleted.
Article 70(1)(ha)
June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
(ha) establish a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
Article 70(1)(hb)
June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
(hb) establish a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
Article 70(1)(hc)
June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
(hc) establish a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 and a list of the circumstances in which it is not likely to result in such a high risk.
issue guidelines, recommendations and best practices in accordance with point
of this paragraph for the purpose of further specifying the appropriate technical and organisational measures to ensure a level of security appropriate to the level of risk pursuant to Article 32.
issue the opinion on the application of pseudonymisation and anonymisation referred to in Article 29a.
Article in June Presidency compromise · 18 June Council text
Comparison basis: Existing law (4 May 2016) compared with June Presidency compromise · 18 June (18 June 2026)
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(
21); - (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (h)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph as to the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of the natural persons referred to in Article 34(1). - (ha)
establish a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
establish a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
establish a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 and a list of the circumstances in which it is not likely to result in such a high risk. (hca) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the appropriate technical and organisational measures to ensure a level of security appropriate to the level of risk pursuant to Article 32. (hcb) issue the opinion on the application of pseudonymisation and anonymisation referred to in Article 29a.
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Article 70(1)(f)
June Presidency compromise · 18 June
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(1)
Article 70(1)(h)
June Presidency compromise · 18 June
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
In Article 70(1), point (h) is deleted.
Article 70(1)(ha)
June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
(ha) establish a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
Article 70(1)(hb)
June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
(hb) establish a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
Article 70(1)(hc)
June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
(hc) establish a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 and a list of the circumstances in which it is not likely to result in such a high risk.
issue guidelines, recommendations and best practices in accordance with point
of this paragraph for the purpose of further specifying the appropriate technical and organisational measures to ensure a level of security appropriate to the level of risk pursuant to Article 32.
issue the opinion on the application of pseudonymisation and anonymisation referred to in Article 29a.
Article in September Presidency compromise Council text
Comparison basis: Existing law (4 May 2016) compared with September Presidency compromise (3 September 2026)
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(
21); - (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (h)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph as to the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of the natural persons referred to in Article 34(1). - (ha)
establish a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 and a list of the circumstances in which it is not likely to result in such a high risk.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority.
- (hca)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the appropriate technical and organisational measures to ensure a level of security appropriate to the level of risk pursuant to Article 32.
- (hcb)
issue the opinion on the application of pseudonymisation and anonymisation referred to in Article 25a.
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Article 70(1)(f)
September Presidency compromise
Council wording reconstructed for this provision from the official operation
(f) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(1)
Official source passage and amending instruction
(12a) In Article 70(1), point (f) is amended as follows: (f) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(1);
Article 70(1)(h)
September 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
13. In Article 70(1), point (h) is deleted.
Article 70(1)(ha)
September Presidency compromise
Council wording reconstructed for this provision from the official operation
(ha) establish a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 and a list of the circumstances in which it is not likely to result in such a high risk.
Official source passage and amending instruction
14. In Article 70(1), the following points are inserted: ‘(ha) establish a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 and a list of the circumstances in which it is not likely to result in such a high risk. (hb) prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35. (hc) prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority. (hca) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the appropriate technical and organisational measures to ensure a level of security appropriate to the level of risk pursuant to Article 32. (hcb) issue the opinion on the application of pseudonymisation and anonymisation referred to in Article 25a.’
Article 70(1)(hb)
September Presidency compromise
Council wording reconstructed for this provision from the official operation
(hb) prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
Official source passage and amending instruction
14. In Article 70(1), the following points are inserted: ‘(ha) establish a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 and a list of the circumstances in which it is not likely to result in such a high risk. (hb) prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35. (hc) prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority. (hca) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the appropriate technical and organisational measures to ensure a level of security appropriate to the level of risk pursuant to Article 32. (hcb) issue the opinion on the application of pseudonymisation and anonymisation referred to in Article 25a.’
Article 70(1)(hc)
September Presidency compromise
Council wording reconstructed for this provision from the official operation
(hc) prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority.
Official source passage and amending instruction
14. In Article 70(1), the following points are inserted: ‘(ha) establish a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 and a list of the circumstances in which it is not likely to result in such a high risk. (hb) prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35. (hc) prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority. (hca) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the appropriate technical and organisational measures to ensure a level of security appropriate to the level of risk pursuant to Article 32. (hcb) issue the opinion on the application of pseudonymisation and anonymisation referred to in Article 25a.’
Article 70(1)(f) 4 Council drafts
Article 70(1)(f)
21 May 2026 · May Presidency compromise
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(1)
Article 70(1)(f)
10 June 2026 · June Presidency compromise · 10 June
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(1)
Article 70(1)(f)
18 June 2026 · June Presidency compromise · 18 June
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(1)
Article 70(1)(f)
3 September 2026 · September Presidency compromise
Council wording reconstructed for this provision from the official operation
(f) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(1)
Official source passage and amending instruction
(12a) In Article 70(1), point (f) is amended as follows: (f) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(1);
Article 70(1)(h) 4 Council drafts
Article 70(1)(h)
21 May 2026 · 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
In Article 70(1), point (h) is deleted.
Article 70(1)(h)
10 June 2026 · June Presidency compromise · 10 June
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
In Article 70(1), point (h) is deleted.
Article 70(1)(h)
18 June 2026 · June Presidency compromise · 18 June
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
In Article 70(1), point (h) is deleted.
Article 70(1)(h)
3 September 2026 · September 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
13. In Article 70(1), point (h) is deleted.
Article 70(1)(ha) 4 Council drafts
Article 70(1)(ha)
21 May 2026 · May Presidency compromise
Council wording reconstructed for this provision from the official operation
(ha) establish a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
Article 70(1)(ha)
10 June 2026 · June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
(ha) establish a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
Article 70(1)(ha)
18 June 2026 · June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
(ha) establish a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
Article 70(1)(ha)
3 September 2026 · September Presidency compromise
Council wording reconstructed for this provision from the official operation
(ha) establish a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 and a list of the circumstances in which it is not likely to result in such a high risk.
Official source passage and amending instruction
14. In Article 70(1), the following points are inserted: ‘(ha) establish a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 and a list of the circumstances in which it is not likely to result in such a high risk. (hb) prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35. (hc) prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority. (hca) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the appropriate technical and organisational measures to ensure a level of security appropriate to the level of risk pursuant to Article 32. (hcb) issue the opinion on the application of pseudonymisation and anonymisation referred to in Article 25a.’
Article 70(1)(hb) 4 Council drafts
Article 70(1)(hb)
21 May 2026 · May Presidency compromise
Council wording reconstructed for this provision from the official operation
(hb) establish a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
Article 70(1)(hb)
10 June 2026 · June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
(hb) establish a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
Article 70(1)(hb)
18 June 2026 · June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
(hb) establish a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
Article 70(1)(hb)
3 September 2026 · September Presidency compromise
Council wording reconstructed for this provision from the official operation
(hb) prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
Official source passage and amending instruction
14. In Article 70(1), the following points are inserted: ‘(ha) establish a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 and a list of the circumstances in which it is not likely to result in such a high risk. (hb) prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35. (hc) prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority. (hca) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the appropriate technical and organisational measures to ensure a level of security appropriate to the level of risk pursuant to Article 32. (hcb) issue the opinion on the application of pseudonymisation and anonymisation referred to in Article 25a.’
Article 70(1)(hc) 4 Council drafts
Article 70(1)(hc)
21 May 2026 · May Presidency compromise
Council wording reconstructed for this provision from the official operation
(hc) establish a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 and a list of the circumstances in which it is not likely to result in such a high risk.
issue guidelines, recommendations and best practices in accordance with point
of this paragraph for the purpose of further specifying the appropriate technical and organisational measures to ensure a level of security appropriate to the level of risk pursuant to Article 32.
issue the opinion on the application of pseudonymisation and anonymisation referred to in Article 29a.
Article 70(1)(hc)
10 June 2026 · June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
(hc) establish a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 and a list of the circumstances in which it is not likely to result in such a high risk.
issue guidelines, recommendations and best practices in accordance with point
of this paragraph for the purpose of further specifying the appropriate technical and organisational measures to ensure a level of security appropriate to the level of risk pursuant to Article 32.
issue the opinion on the application of pseudonymisation and anonymisation referred to in Article 29a.
Article 70(1)(hc)
18 June 2026 · June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
(hc) establish a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 and a list of the circumstances in which it is not likely to result in such a high risk.
issue guidelines, recommendations and best practices in accordance with point
of this paragraph for the purpose of further specifying the appropriate technical and organisational measures to ensure a level of security appropriate to the level of risk pursuant to Article 32.
issue the opinion on the application of pseudonymisation and anonymisation referred to in Article 29a.
Article 70(1)(hc)
3 September 2026 · September Presidency compromise
Council wording reconstructed for this provision from the official operation
(hc) prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority.
Official source passage and amending instruction
14. In Article 70(1), the following points are inserted: ‘(ha) establish a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 and a list of the circumstances in which it is not likely to result in such a high risk. (hb) prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35. (hc) prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority. (hca) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the appropriate technical and organisational measures to ensure a level of security appropriate to the level of risk pursuant to Article 32. (hcb) issue the opinion on the application of pseudonymisation and anonymisation referred to in Article 25a.’
Competing proposals
European Parliament amendments
These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.
More filters
Political group at the amendment date where available; otherwise the current Parliament affiliation.
Alternative wording Amendment 64 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (h)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph as to the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of the natural persons referred to in Article 34(1). - (ha)
establish a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
establish a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
establish a common template for notifying a personal data breach to the competent supervisory authority as well as a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33.
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, templates, lists and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal forestablish a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35. - (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Alternative wording Amendment 65 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (h)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph as to the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of the natural persons referred to in Article 34(1). - (ha)
establish a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
establish a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
establish a common template for notifying a personal data breach to the competent supervisory authority as well as a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33.
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, templates, lists and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal forestablish a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35. - (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Alternative wording Amendment 66 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (h)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph as to the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of the natural persons referred to in Article 34(1). - (ha)
establish a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
establish a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
establish a common template for notifying a personal data breach to the competent supervisory authority as well as a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33.
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, templates, lists and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal forestablish a common template for notifying a personal data breach to the competent supervisory authority as well asfora list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33. - (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Alternative wording Amendment 67 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (h)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph as to the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of the natural persons referred to in Article 34(1). - (ha)
establish a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
establish a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
establish a common template for notifying a personal data breach to the competent supervisory authority as well as a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33.
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, templates, lists and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, templates, lists and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Remove proposed wording Amendment 403 · Virginie Joron IMCO
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (h)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph as to the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of the natural persons referred to in Article 34(1).
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Additional proposed wording Amendment 404 · Virginie Joron IMCO
publish guidelines on the pseudonymisation and anonymisation of personal data, including in connection with the development and use of AI models and systems, and on residual reidentification risk assessments, taking into account the means reasonably likely to be used;
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (hca)
publish guidelines on the pseudonymisation and anonymisation of personal data, including in connection with the development and use of AI models and systems, and on residual reidentification risk assessments, taking into account the means reasonably likely to be used;
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Alternative wording Amendment 1320 · Axel Voss ITRE · LIBE
Justification
INNOVATION PACKAGE #7: Makes the GDPR’s broad protection more proportionate in practice. It clarifies that principles, guidance, complaints and enforcement must reflect actual risk, legal certainty and the balance required by Recital 4. Supervisory authorities and the EDPB should prioritise serious infringements, coordinate with sectoral regulators, involve stakeholders and avoid guidance that creates new obligations. A Data Protection Data Space improves transparency, evidence-based supervision and consistent application across the Union.
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation; in doing so, the Board shall ensure that such guidance:
- i.
remains consistent with the wording, scope, objectives, and risk-based structure of this Regulation,
- ii.
respects the principles of proportionality and legal certainty and does not introduce substantive obligations beyond those laid down in Union law,
- iii.
is accompanied by a published legal assessment confirming its legal basis, feasibility, and conformity with the principles of this Regulation,
- iv.
where applicable, informed by, and coordinated with relevant competent sectoral authorities."
- i.
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Alternative wording Amendment 1321 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
Justification
This change is proposed due to other amendments tabled moving e-privacy provisions under Regulation (EU) 2016/679.
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data and the confidentiality of communications in the Union, including on any proposed amendment of this Regulation;"
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Remove proposed wording Amendment 1322 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (h)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph as to the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of the natural persons referred to in Article 34(1).
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Remove proposed wording Amendment 1323 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (h)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph as to the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of the natural persons referred to in Article 34(1).
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Remove proposed wording Amendment 1324 · Pernando Barrena Arza ITRE · LIBE
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (h)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph as to the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of the natural persons referred to in Article 34(1).
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Remove proposed wording Amendment 1325 · Pernando Barrena Arza ITRE · LIBE
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35. - (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35. - (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 - (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Alternative wording Amendment 1326 · Oliver Schenk, Andrea Wechsler, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal, Axel Voss, Ana Miguel Pedro, Marion Walsmann, Lena Düpont, Romana Tomc, Marie-Sophie Lanig, François-Xavier Bellamy ITRE · LIBE
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article
35.establish a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Alternative wording Amendment 1327 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal forestablish a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35. - (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Alternative wording Amendment 1328 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal forestablish a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and a list of processing operations for which no data protection impact assessment is required, pursuant to Article 35. - (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Alternative wording Amendment 1329 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal forestablish a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35. - (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Alternative wording Amendment 1330 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal forestablish a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35. - (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Alternative wording Amendment 1331 · Oliver Schenk, Andrea Wechsler, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal, Axel Voss, Ana Miguel Pedro, Marion Walsmann, Lena Düpont, Romana Tomc, Marie-Sophie Lanig, François-Xavier Bellamy ITRE · LIBE
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal forestablish a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35. - (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Alternative wording Amendment 1332 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal forestablish a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33, a list of the circumstances in which it is not likely to result in a high risk, and a list of the circumstances in which it is not likely to result in any risk. - (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Alternative wording Amendment 1333 · Henrik Dahl ITRE · LIBE
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 and a list of the circumstances in which it is not likely to result in a high risk.
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Alternative wording Amendment 1334 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal forestablish a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 - (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Alternative wording Amendment 1335 · Tomas Tobé, Arba Kokalari, Jörgen Warborn ITRE · LIBE
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely and not likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Alternative wording Amendment 1336 · Oliver Schenk, Andrea Wechsler, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal, Axel Voss, Ana Miguel Pedro, Marion Walsmann, Lena Düpont, Romana Tomc, Marie-Sophie Lanig ITRE · LIBE
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal forestablish a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 - (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Alternative wording Amendment 1337 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal forestablish a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 - (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Alternative wording Amendment 1338 · Alex Agius Saliba ITRE · LIBE
Justification
To include both a white and a black list to help companies/contribute to legal certainty and more harmonisation across the EU
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for
a listlists of the circumstances in which a personal data breach is likely to result in ahighrisk to the rights and freedoms of a natural person pursuant to Article 33 - (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Additional proposed wording Amendment 1339 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
(hca) In Article 70, the following point is inserted:
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for lawful processing of electronic communications data pursuant to Article 91b and the protection of information transmitted to, stored in, related to, processed by and collected from users’ terminal equipment pursuant to Article 91c;'
Justification
This change is proposed due to other amendments tabled moving e-privacy provisions under Regulation (EU) 2016/679.
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (hca)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for lawful processing of electronic communications data pursuant to Article 91b and the protection of information transmitted to, stored in, related to, processed by and collected from users’ terminal equipment pursuant to Article 91c;'
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Additional proposed wording Amendment 1340 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
(hca) In Article 70, the following point is inserted:
issue guidelines on the pseudonymisation and anonymisation of personal data, including in the context of the development and operation of AI systems and models, and on the assessment of the residual risk of re-identification, taking into account the means reasonably likely to be used;'
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (hca)
issue guidelines on the pseudonymisation and anonymisation of personal data, including in the context of the development and operation of AI systems and models, and on the assessment of the residual risk of re-identification, taking into account the means reasonably likely to be used;'
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Additional proposed wording Amendment 1341 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
In Article 77, paragraph 1 is replaced by the following:
Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation. This right to lodge a complaint also applies when the infringing processing of personal data relating to the data subject is imminent or will take place in the near future.
against:
Article 70
Tasks of the Board
- 1.
TheWithoutBoardprejudice to any other administrative or judicial remedy, every data subject shallensurehave theconsistentrightapplicationto lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.ToThisthatrightend,to lodge a complaint also applies when theBoardinfringingshall,processingonofitspersonalowndatainitiativerelatingor, where relevant, atto therequestdataofsubject is imminent or will take place in theCommission,nearin particular:future.- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities; - (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation; - (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules; - (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2); - (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation; - (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2); - (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach; - (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35. - (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35. - (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33 - (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47; - (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1); - (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83; - (l)
review the practical application of the guidelines, recommendations and best practices; - (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2); - (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42; - (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7); - (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43; - (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8); - (r)
provide the Commission with an opinion on the icons referred to in Article 12(7); - (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation. - (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66; - (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities; - (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations; - (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide. - (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and - (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Additional proposed wording Amendment 1343 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
14a. In Article 70, paragraph 3 is replaced by the following:
The Board shall forward its opinions, guidelines, recommendations, common templates, lists, common methodologies and best practices to the Commission and to the committee referred to in Article 93 and make them public.
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, common templates, lists, common methodologies and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
Additional proposed wording Amendment 1357 · Axel Voss ITRE · LIBE
In Article 70, paragraphs 4a and 4b are added:
In fullfilling ist tasks the Board takes into account that the right to the protection of personal data is not an absolute right and must be considered in relation to its function in society and balanced against other fundamental rights, in accordance with the principle of proportionality. The Board must have inter alia regard of the following as far as relevant in the specific circumstances:
the desirability of promoting innovation;
the desirability of promoting competition;
the importance of the prevention, investigation, detection and prosecution of criminal offences;
the need to safeguard public security and national security;
the fact that children merit specific protection with regard to their personal data because they may be less aware of the risks and consequences associated with processing of personal data and of their rights in relation to such processing.
The Board shall establish a permanent panel of stakeholder representatives to ensure that it fulfills its tasks, especially regarding the matters described in paragraph 5 duely and monitor relevant developments, insofar as they have an impact on the protection of personal data and the free flow of personal dada, in particular the development of information and communication technologies and commercial practices. The Commission may adopt, by means of an implementing act, rules for the appointement and the statue oft he members oft he panel and procedural requirements which ensure professional secrecy and transparency.
Justification
INNOVATION PACKAGE #8: Makes the GDPR’s broad protection more proportionate in practice. It clarifies that principles, guidance, complaints and enforcement must reflect actual risk, legal certainty and the balance required by Recital 4. Supervisory authorities and the EDPB should prioritise serious infringements, coordinate with sectoral regulators, involve stakeholders and avoid guidance that creates new obligations. A Data Protection Data Space improves transparency, evidence-based supervision and consistent application across the Union.
against:
Article 70
Tasks of the Board
- 1.
The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular:
- (a)
monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;
- (b)
advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (c)
advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;
- (d)
issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2);
- (e)
examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
- (f)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);
- (g)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;
- (ha)
prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment and for which no data protection impact assessment is required, pursuant to Article 35.
- (hb)
prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments, pursuant to Article 35.
- (hc)
prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person pursuant to Article 33
- (i)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47;
- (j)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);
- (k)
draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;
- (l)
review the practical application of the guidelines, recommendations and best practices;
- (m)
issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);
- (n)
encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;
- (o)
approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);
- (p)
approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;
- (q)
provide the Commission with an opinion on the certification requirements referred to in Article 43(8);
- (r)
provide the Commission with an opinion on the icons referred to in Article 12(7);
- (s)
provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation.
- (t)
issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;
- (u)
promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;
- (v)
promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations;
- (w)
promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (x)
issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and
- (y)
maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.
- (a)
- 2.
Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
- 3.
The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.
- 4.
The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.
- 4a.
In fullfilling ist tasks the Board takes into account that the right to the protection of personal data is not an absolute right and must be considered in relation to its function in society and balanced against other fundamental rights, in accordance with the principle of proportionality. The Board must have inter alia regard of the following as far as relevant in the specific circumstances:
- (a)
the desirability of promoting innovation;
- (b)
the desirability of promoting competition;
- (c)
the importance of the prevention, investigation, detection and prosecution of criminal offences;
- (d)
the need to safeguard public security and national security;
- (e)
the fact that children merit specific protection with regard to their personal data because they may be less aware of the risks and consequences associated with processing of personal data and of their rights in relation to such processing.
- (a)
- 4b.
The Board shall establish a permanent panel of stakeholder representatives to ensure that it fulfills its tasks, especially regarding the matters described in paragraph 5 duely and monitor relevant developments, insofar as they have an impact on the protection of personal data and the free flow of personal dada, in particular the development of information and communication technologies and commercial practices. The Commission may adopt, by means of an implementing act, rules for the appointement and the statue oft he members oft he panel and procedural requirements which ensure professional secrecy and transparency.
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Article 70(1)(f)
Council Presidency text · ST 9547/26 → Council Presidency text · ST 10426/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 9547/26
Council Presidency text · ST 10426/26
Article 70(1)(f)
Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10426/26
Council Presidency text · ST 10677/26
Article 70(1)(f)
Council Presidency text · ST 10677/26 → Council Presidency text · ST 12535/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10677/26
Council Presidency text · ST 12535/26
Article 70(1)(h)
Wording reproduced in the amendment → Amendment 1322 · ITRE–LIBE amendments 1261–1564 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1322 · ITRE–LIBE amendments 1261–1564 to the draft report: removal
This wording is removed.
Article 70(1)(h)
Wording reproduced in the amendment → Amendment 1323 · ITRE–LIBE amendments 1261–1564 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1323 · ITRE–LIBE amendments 1261–1564 to the draft report: removal
This wording is removed.
Article 70(1)(h)
Wording reproduced in the amendment → Amendment 1324 · ITRE–LIBE amendments 1261–1564 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1324 · ITRE–LIBE amendments 1261–1564 to the draft report: removal
This wording is removed.
Article 70(1)(h)
Wording reproduced in the amendment → Amendment 403 · IMCO amendments 329–532 to the draft opinion: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 403 · IMCO amendments 329–532 to the draft opinion: removal
This wording is removed.
Article 70(1)(ha)
European Commission proposal → Council Presidency text · ST 9547/26
Changes in context
RemovedAdded
Both texts in full
European Commission proposal
Council Presidency text · ST 9547/26
Article 70(1)(ha)
Council Presidency text · ST 9547/26 → Council Presidency text · ST 10426/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 9547/26
Council Presidency text · ST 10426/26
Article 70(1)(ha)
Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10426/26
Council Presidency text · ST 10677/26
Article 70(1)(ha)
Council Presidency text · ST 10677/26 → Council Presidency text · ST 12535/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10677/26
Council Presidency text · ST 12535/26
Article 70(1)(ha)
Wording reproduced in the amendment → Amendment 1325 · ITRE–LIBE amendments 1261–1564 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1325 · ITRE–LIBE amendments 1261–1564 to the draft report: removal
This wording is removed.
Article 70(1)(ha)
Wording reproduced in the amendment → Amendment 1326 · ITRE–LIBE amendments 1261–1564 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1326 · ITRE–LIBE amendments 1261–1564 to the draft report
Article 70(1)(ha)
Wording reproduced in the amendment → Amendment 1327 · ITRE–LIBE amendments 1261–1564 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1327 · ITRE–LIBE amendments 1261–1564 to the draft report
Article 70(1)(ha)
Wording reproduced in the amendment → Amendment 1328 · ITRE–LIBE amendments 1261–1564 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1328 · ITRE–LIBE amendments 1261–1564 to the draft report
Article 70(1)(ha)
Wording reproduced in the amendment → Amendment 64 · ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 64 · ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
Article 70(1)(hb)
European Commission proposal → Council Presidency text · ST 9547/26
Changes in context
RemovedAdded
Both texts in full
European Commission proposal
Council Presidency text · ST 9547/26
Article 70(1)(hb)
Council Presidency text · ST 9547/26 → Council Presidency text · ST 10426/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 9547/26
Council Presidency text · ST 10426/26
Article 70(1)(hb)
Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10426/26
Council Presidency text · ST 10677/26
Article 70(1)(hb)
Council Presidency text · ST 10677/26 → Council Presidency text · ST 12535/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10677/26
Council Presidency text · ST 12535/26
Article 70(1)(hb)
Wording reproduced in the amendment → Amendment 1325 · ITRE–LIBE amendments 1261–1564 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1325 · ITRE–LIBE amendments 1261–1564 to the draft report: removal
This wording is removed.
Article 70(1)(hb)
Wording reproduced in the amendment → Amendment 1329 · ITRE–LIBE amendments 1261–1564 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1329 · ITRE–LIBE amendments 1261–1564 to the draft report
Article 70(1)(hb)
Wording reproduced in the amendment → Amendment 1330 · ITRE–LIBE amendments 1261–1564 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1330 · ITRE–LIBE amendments 1261–1564 to the draft report
Article 70(1)(hb)
Wording reproduced in the amendment → Amendment 1331 · ITRE–LIBE amendments 1261–1564 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1331 · ITRE–LIBE amendments 1261–1564 to the draft report
Article 70(1)(hb)
Wording reproduced in the amendment → Amendment 65 · ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 65 · ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
Article 70(1)(hc)
European Commission proposal → Council Presidency text · ST 9547/26
Changes in context
RemovedAdded
Both texts in full
European Commission proposal
Council Presidency text · ST 9547/26
Article 70(1)(hc)
Council Presidency text · ST 9547/26 → Council Presidency text · ST 10426/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 9547/26
Council Presidency text · ST 10426/26
Article 70(1)(hc)
Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10426/26
Council Presidency text · ST 10677/26
Article 70(1)(hc)
Council Presidency text · ST 10677/26 → Council Presidency text · ST 12535/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10677/26
Council Presidency text · ST 12535/26
Article 70(1)(hc)
Wording reproduced in the amendment → Amendment 1325 · ITRE–LIBE amendments 1261–1564 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1325 · ITRE–LIBE amendments 1261–1564 to the draft report: removal
This wording is removed.
Article 70(1)(hc)
Wording reproduced in the amendment → Amendment 1332 · ITRE–LIBE amendments 1261–1564 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1332 · ITRE–LIBE amendments 1261–1564 to the draft report
Article 70(1)(hc)
Wording reproduced in the amendment → Amendment 1333 · ITRE–LIBE amendments 1261–1564 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1333 · ITRE–LIBE amendments 1261–1564 to the draft report
Article 70(1)(hc)
Wording reproduced in the amendment → Amendment 1334 · ITRE–LIBE amendments 1261–1564 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1334 · ITRE–LIBE amendments 1261–1564 to the draft report
Article 70(1)(hc)
Wording reproduced in the amendment → Amendment 1335 · ITRE–LIBE amendments 1261–1564 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1335 · ITRE–LIBE amendments 1261–1564 to the draft report
Article 70(1)(hc)
Wording reproduced in the amendment → Amendment 1336 · ITRE–LIBE amendments 1261–1564 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1336 · ITRE–LIBE amendments 1261–1564 to the draft report
Article 70(1)(hc)
Wording reproduced in the amendment → Amendment 1337 · ITRE–LIBE amendments 1261–1564 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1337 · ITRE–LIBE amendments 1261–1564 to the draft report
Article 70(1)(hc)
Wording reproduced in the amendment → Amendment 1338 · ITRE–LIBE amendments 1261–1564 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1338 · ITRE–LIBE amendments 1261–1564 to the draft report
Article 70(1)(hc)
Wording reproduced in the amendment → Amendment 66 · ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 66 · ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
Article 70 – paragraph 1 – point b
Wording reproduced in the amendment → Amendment 1321 · ITRE–LIBE amendments 1261–1564 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1321 · ITRE–LIBE amendments 1261–1564 to the draft report
Article 70 – paragraph 1 – point e
Wording reproduced in the amendment → Amendment 1320 · ITRE–LIBE amendments 1261–1564 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1320 · ITRE–LIBE amendments 1261–1564 to the draft report
Article 70 – paragraph 3
Wording reproduced in the amendment → Amendment 67 · ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
Changes in context
RemovedAdded