one or more independent supervisory authorities in the third country or to
which an international organisation is subject, with responsibility for ensuring and enforcing compliance with the
data protection rules, including adequate enforcement powers, for assisting and advising the data subjects in
exercising their rights and for cooperation with the supervisory authorities of the Member States; and
(c)  the international commitments the third country or international organisation concerned has entered into, or other
obligations arising from legally binding conventions or instruments as well as from its participation in multilateral
or regional systems, in particular in relation to the protection of personal data.
3. The Commission, after assessing the adequacy of the level of protection, may decide, by means of implementing
act, that a third country, a territory or one or more specified sectors within a third country, or an international
organisation ensures an adequate level of protection within the meaning of paragraph 2 of this Article. The
implementing act shall provide for a mechanism for a periodic review, at least every four years, which shall take into
account all relevant developments in the third country or international organisation. The implementing act shall specify
its territorial and sectoral application and, where applicable, identify the supervisory authority or authorities referred to
in point (b) of paragraph 2 of this Article. The implementing act shall b


its territorial and sectoral application and, where applicable, identify the supervisory authority or authorities referred to
in point (b) of paragraph 2 of this Article. The implementing act shall be adopted in accordance with the examination
procedure referred to in Article 93(2).
4. The Commission shall, on an ongoing basis, monitor developments in third countries and international organ
isations that could affect the functioning of decisions adopted pursuant to paragraph 3 of this Article and decisions
adopted on the basis of Article 25(6) of Directive 95/46/EC.
5. The Commission shall, where available information reveals, in particular following the review referred to in
paragraph 3 of this Article, that a third country, a territory or one or more specified sectors within a third country, or
an international organisation no longer ensures an adequate level of protection within the meaning of paragraph 2 of
this Article, to the extent necessary, repeal, amend or suspend the decision referred to in paragraph 3 of this Article by
means of implementing acts without retro-active effect. Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 93(2).
On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts
in accordance with the procedure referred to in Article 93(3).
6. The Commission shall enter into consultations with the third country or international organisat

Article 45 - Transfers on the basis of an adequacy decision

Transfers of personal data to third countries or international organisations


mediately applicable implementing acts
in accordance with the procedure referred to in Article 93(3).
6. The Commission shall enter into consultations with the third country or international organisation with a view to
remedying the situation giving rise to the decision made pursuant to paragraph 5.
7. A decision pursuant to paragraph 5 of this Article is without prejudice to transfers of personal data to the third
country, a territory or one or more specified sectors within that third country, or the international organisation in
question pursuant to Articles 46 to 49.
8. The Commission shall publish in the Official Journal of the European Union and on its website a list of the third
countries, territories and specified sectors within a third country and international organisations for which it has decided
that an adequate level of protection is or is no longer ensured.
9. Decisions adopted by the Commission on the basis of Article 25(6) of Directive 95/46/EC shall remain in force
until amended, replaced or repealed by a Commission Decision adopted in accordance with paragraph 3 or 5 of this
Article.


Article 46 - Transfers subject to appropriate safeguards

1. In the absence of a decision pursuant to Article 45(3), a controller or processor may transfer personal data to a
third country or an international organisation only if the controller or processor has provided appropriate safeguards,
and on condition that enforceable data subject rights and effective legal remedies for data subjects are available.
2. The appropriate safeguards referred to in paragraph 1 may be provided for, without requiring any specific authoris
ation from a supervisory authority, by:
(a)  a legally binding and enforceable instrument between public authorities or bodies;
(b)  binding corporate rules in accordance with Article 47;
(c)  standard data protection clauses adopted by the Commission in accordance with the examination procedure referred
to in Article 93(2);
(d)  standard data protection clauses adopted by a supervisory authority and approved by the Commission pursuant to
the examination procedure referred to in Article 93(2);
(e)  an approved code of conduct pursuant to Article 40 together with binding and enforceable commitments of the
controller or processor in the third country to apply the appropriate safeguards, including as regards data subjects'
rights; or
(f)  an approved certification mechanism pursuant to Article 42 together with binding and enforceable commitments of
the controller or processor in the third country to apply the appropriate safeguards, including as regards data
subjects' rights.
3. Subject to the authorisation from the


nd enforceable commitments of
the controller or processor in the third country to apply the appropriate safeguards, including as regards data
subjects' rights.
3. Subject to the authorisation from the competent supervisory authority, the appropriate safeguards referred to in
paragraph 1 may also be provided for, in particular, by:
(a)  contractual clauses between the controller or processor and the controller, processor or the recipient of the personal
data in the third country or international organisation; or
(b)  provisions to be inserted into administrative arrangements between public authorities or bodies which include
enforceable and effective data subject rights.
4. The supervisory authority shall apply the consistency mechanism referred to in Article 63 in the cases referred to
in paragraph 3 of this Article.
5. Authorisations by a Member State or supervisory authority on the basis of Article 26(2) of Directive 95/46/EC
shall remain valid until amended, replaced or repealed, if necessary, by that supervisory authority. Decisions adopted by
the Commission on the basis of Article 26(4) of Directive 95/46/EC shall remain in force until amended, replaced or
repealed, if necessary, by a Commission Decision adopted in accordance with paragraph 2 of this Article.


Article 47 - Binding corporate rules

1. The competent supervisory authority shall approve binding corporate rules in accordance with the consistency
mechanism set out in Article 63, provided that they:
(a)  are legally binding and apply to and are enforced by every member concerned of the group of undertakings, or
group of enterprises engaged in a joint economic activity, including their employees;
(b)  expressly confer enforceable rights on data subjects with regard to the processing of their personal data; and
(c)  fulfil the requirements laid down in paragraph 2.
2. The binding corporate rules referred to in paragraph 1 shall specify at least:
(a)  the structure and contact details of the group of undertakings, or group of enterprises engaged in a joint economic
activity and of each of its members;
(b)  the data transfers or set of transfers, including the categories of personal data, the type of processing and its
purposes, the type of data subjects affected and the identification of the third country or countries in question;
(c)  their legally binding nature, both internally and externally;
(d)  the application of the general data protection principles, in particular purpose limitation, data minimisation, limited
storage periods, data quality, data protection by design and by default, legal basis for processing, processing of
special categories of personal data, measures to ensure data security, and the requirements in respect of onward
transfers to bodies not bound by the binding corporate rules;
(e)  the

Article 47 - Binding corporate rules


g, processing of
special categories of personal data, measures to ensure data security, and the requirements in respect of onward
transfers to bodies not bound by the binding corporate rules;
(e)  the rights of data subjects in regard to processing and the means to exercise those rights, including the right not to
be subject to decisions based solely on automated processing, including profiling in accordance with Article 22, the
right to lodge a complaint with the competent supervisory authority and before the competent courts of the
Member States in accordance with Article 79, and to obtain redress and, where appropriate, compensation for a
breach of the binding corporate rules;
(f)  the acceptance by the controller or processor established on the territory of a Member State of liability for any
breaches of the binding corporate rules by any member concerned not established in the Union; the controller or
the processor shall be exempt from that liability, in whole or in part, only if it proves that that member is not
responsible for the event giving rise to the damage;
(g)  how the information on the binding corporate rules, in particular on the provisions referred to in points (d), (e)
and (f) of this paragraph is provided to the data subjects in addition to Articles 13 and 14;
(h)  the tasks of any data protection officer designated in accordance with Article 37 or any other person or entity in
charge of the monitoring compliance with the binding corporate rules within the

Article 47 - Binding corporate rules


(h)  the tasks of any data protection officer designated in accordance with Article 37 or any other person or entity in
charge of the monitoring compliance with the binding corporate rules within the group of undertakings, or group
of enterprises engaged in a joint economic activity, as well as monitoring training and complaint-handling;
(i)  the complaint procedures;
(j)  the mechanisms within the group of undertakings, or group of enterprises engaged in a joint economic activity for
ensuring the verification of compliance with the binding corporate rules. Such mechanisms shall include data
protection audits and methods for ensuring corrective actions to protect the rights of the data subject. Results of
such verification should be communicated to the person or entity referred to in point (h) and to the board of the
controlling undertaking of a group of undertakings, or of the group of enterprises engaged in a joint economic
activity, and should be available upon request to the competent supervisory authority;
(k)  the mechanisms for reporting and recording changes to the rules and reporting those changes to the supervisory
authority;
(l)  the cooperation mechanism with the supervisory authority to ensure compliance by any member of the group of
undertakings, or group of enterprises engaged in a joint economic activity, in particular by making available to the
supervisory authority the results of verifications of the measures referred to in point (j);
(m)  the mechanisms fo

Article 47 - Binding corporate rules


rises engaged in a joint economic activity, in particular by making available to the
supervisory authority the results of verifications of the measures referred to in point (j);
(m)  the mechanisms for reporting to the competent supervisory authority any legal requirements to which a member of
the group of undertakings, or group of enterprises engaged in a joint economic activity is subject in a third country
which are likely to have a substantial adverse effect on the guarantees provided by the binding corporate rules; and
(n)  the appropriate data protection training to personnel having permanent or regular access to personal data.
3. The Commission may specify the format and procedures for the exchange of information between controllers,
processors and supervisory authorities for binding corporate rules within the meaning of this Article. Those
implementing acts shall be adopted in accordance with the examination procedure set out in Article 93(2).

Article 47 - Binding corporate rules


Article 48 - Transfers or disclosures not authorised by Union law

Any judgment of a court or tribunal and any decision of an administrative authority of a third country requiring a
controller or processor to transfer or disclose personal data may only be recognised or enforceable in any manner if
based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third
country and the Union or a Member State, without prejudice to other grounds for transfer pursuant to this Chapter.


Article 49 - Derogations for specific situations

1. In the absence of an adequacy decision pursuant to Article 45(3), or of appropriate safeguards pursuant to
Article 46, including binding corporate rules, a transfer or a set of transfers of personal data to a third country or an in
ternational organisation shall take place only on one of the following conditions:
(a)  the data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of
such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards;
(b)  the transfer is necessary for the performance of a contract between the data subject and the controller or the
implementation of pre-contractual measures taken at the data subject's request;
(c)  the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject
between the controller and another natural or legal person;
(d)  the transfer is necessary for important reasons of public interest;
(e)  the transfer is necessary for the establishment, exercise or defence of legal claims;
(f)  the transfer is necessary in order to protect the vital interests of the data subject or of other persons, where the data
subject is physically or legally incapable of giving consent;
(g)  the transfer is made from a register which according to Union or Member State law is intended to provide
information to the public and which is open to consultation either by the public in general or by any per


er is made from a register which according to Union or Member State law is intended to provide
information to the public and which is open to consultation either by the public in general or by any person who
can demonstrate a legitimate interest, but only to the extent that the conditions laid down by Union or
Member State law for consultation are fulfilled in the particular case.
Where a transfer could not be based on a provision in Article 45 or 46, including the provisions on binding corporate
rules, and none of the derogations for a specific situation referred to in the first subparagraph of this paragraph is
applicable, a transfer to a third country or an international organisation may take place only if the transfer is not
repetitive, concerns only a limited number of data subjects, is necessary for the purposes of compelling legitimate
interests pursued by the controller which are not overridden by the interests or rights and freedoms of the data subject,
and the controller has assessed all the circumstances surrounding the data transfer and has on the basis of that
assessment provided suitable safeguards with regard to the protection of personal data. The controller shall inform the
supervisory authority of the transfer. The controller shall, in addition to providing the information referred to in
Articles 13 and 14, inform the data subject of the transfer and on the compelling legitimate interests pursued.
2. A transfer pursuant to point (g) of the first subparagraph


information referred to in
Articles 13 and 14, inform the data subject of the transfer and on the compelling legitimate interests pursued.
2. A transfer pursuant to point (g) of the first subparagraph of paragraph 1 shall not involve the entirety of the
personal data or entire categories of the personal data contained in the register. Where the register is intended for
consultation by persons having a legitimate interest, the transfer shall be made only at the request of those persons or if
they are to be the recipients.
3. Points (a), (b) and (c) of the first subparagraph of paragraph 1 and the second subparagraph thereof shall not apply
to activities carried out by public authorities in the exercise of their public powers.
4. The public interest referred to in point (d) of the first subparagraph of paragraph 1 shall be recognised in Union
law or in the law of the Member State to which the controller is subject.
5. In the absence of an adequacy decision, Union or Member State law may, for important reasons of public interest,
expressly set limits to the transfer of specific categories of personal data to a third country or an international
organisation. Member States shall notify such provisions to the Commission.
6. The controller or processor shall document the assessment as well as the suitable safeguards referred to in the
second subparagraph of paragraph 1 of this Article in the records referred to in Article 30.


ell as the suitable safeguards referred to in the
second subparagraph of paragraph 1 of this Article in the records referred to in Article 30.


Article 50 - International cooperation for the protection of personal data

In relation to third countries and international organisations, the Commission and supervisory authorities shall take
appropriate steps to:
(a)  develop international cooperation mechanisms to facilitate the effective enforcement of legislation for the protection
of personal data;
(b)  provide international mutual assistance in the enforcement of legislation for the protection of personal data,
including through notification, complaint referral, investigative assistance and information exchange, subject to
appropriate safeguards for the protection of personal data and other fundamental rights and freedoms;
(c)  engage relevant stakeholders in discussion and activities aimed at furthering international cooperation in the
enforcement of legislation for the protection of personal data;
(d) promote the exchange and documentation of personal data protection legislation and practice, including on jurisdic
tional conflicts with third countries.


Article 51 - Supervisory authority

1. Each Member State shall provide for one or more independent public authorities to be responsible for monitoring
the application of this Regulation, in order to protect the fundamental rights and freedoms of natural persons in relation
to processing and to facilitate the free flow of personal data within the Union (‘supervisory authority’).
2. Each supervisory authority shall contribute to the consistent application of this Regulation throughout the Union.
For that purpose, the supervisory authorities shall cooperate with each other and the Commission in accordance with
Chapter VII.
3. Where more than one supervisory authority is established in a Member State, that Member State shall designate
the supervisory authority which is to represent those authorities in the Board and shall set out the mechanism to ensure
compliance by the other authorities with the rules relating to the consistency mechanism referred to in Article 63.
4. Each Member State shall notify to the Commission the provisions of its law which it adopts pursuant to this
Chapter, by 25 May 2018 and, without delay, any subsequent amendment affecting them.

Article 51 - Supervisory authority


Article 52 - Independence

1. Each supervisory authority shall act with complete independence in performing its tasks and exercising its powers
in accordance with this Regulation.
2. The member or members of each supervisory authority shall, in the performance of their tasks and exercise of
their powers in accordance with this Regulation, remain free from external influence, whether direct or indirect, and
shall neither seek nor take instructions from anybody.
3. Member or members of each supervisory authority shall refrain from any action incompatible with their duties
and shall not, during their term of office, engage in any incompatible occupation, whether gainful or not.
4. Each Member State shall ensure that each supervisory authority is provided with the human, technical and
financial resources, premises and infrastructure necessary for the effective performance of its tasks and exercise of its
powers, including those to be carried out in the context of mutual assistance, cooperation and participation in the
Board.
5. Each Member State shall ensure that each supervisory authority chooses and has its own staff which shall be
subject to the exclusive direction of the member or members of the supervisory authority concerned.
6. Each Member State shall ensure that each supervisory authority is subject to financial control which does not
affect its independence and that it has separate, public annual budgets, which may be part of the overall state or national
budget.

Article 52 - Independence


Article 53 - General conditions for the members of the supervisory authority

1. Member States shall provide for each member of their supervisory authorities to be appointed by means of a
transparent procedure by:
—  their parliament;
—  their government;
—  their head of State; or
—  an independent body entrusted with the appointment under Member State law.
2. Each member shall have the qualifications, experience and skills, in particular in the area of the protection of
personal data, required to perform its duties and exercise its powers.
3. The duties of a member shall end in the event of the expiry of the term of office, resignation or compulsory
retirement, in accordance with the law of the Member State concerned.
4. A member shall be dismissed only in cases of serious misconduct or if the member no longer fulfils the conditions
required for the performance of the duties.


Article 54 - Rules on the establishment of the supervisory authority

1. Each Member State shall provide by law for all of the following:
(a)  the establishment of each supervisory authority;
(b)  the qualifications and eligibility conditions required to be appointed as member of each supervisory authority;
(c)  the rules and procedures for the appointment of the member or members of each supervisory authority;
(d)  the duration of the term of the member or members of each supervisory authority of no less than four years, except
for the first appointment after 24 May 2016, part of which may take place for a shorter period where that is
necessary to protect the independence of the supervisory authority by means of a staggered appointment procedure;
(e)  whether and, if so, for how many terms the member or members of each supervisory authority is eligible for
reappointment;
(f)  the conditions governing the obligations of the member or members and staff of each supervisory authority,
prohibitions on actions, occupations and benefits incompatible therewith during and after the term of office and
rules governing the cessation of employment.
2. The member or members and the staff of each supervisory authority shall, in accordance with Union or Member
State law, be subject to a duty of professional secrecy both during and after their term of office, with regard to any
confidential information which has come to their knowledge in the course of the performance of their tasks or exercise
of their powers. During their term of office, that duty of profess


regard to any
confidential information which has come to their knowledge in the course of the performance of their tasks or exercise
of their powers. During their term of office, that duty of professional secrecy shall in particular apply to reporting by
natural persons of infringements of this Regulation.
Section 2
Competence, t asks and po wers


Article 55 - Competence

1. Each supervisory authority shall be competent for the performance of the tasks assigned to and the exercise of the
powers conferred on it in accordance with this Regulation on the territory of its own Member State.
2. Where processing is carried out by public authorities or private bodies acting on the basis of point (c) or (e) of
Article 6(1), the supervisory authority of the Member State concerned shall be competent. In such cases Article 56 does
not apply.
3. Supervisory authorities shall not be competent to supervise processing operations of courts acting in their judicial
capacity.

Article 55 - Competence


Article 56 - Competence of the lead supervisory authority

1. Without prejudice to Article 55, the supervisory authority of the main establishment or of the single establishment
of the controller or processor shall be competent to act as lead supervisory authority for the cross-border processing
carried out by that controller or processor in accordance with the procedure provided in Article 60.
2. By derogation from paragraph 1, each supervisory authority shall be competent to handle a complaint lodged with
it or a possible infringement of this Regulation, if the subject matter relates only to an establishment in its Member State
or substantially affects data subjects only in its Member State.
3. In the cases referred to in paragraph 2 of this Article, the supervisory authority shall inform the lead supervisory
authority without delay on that matter. Within a period of three weeks after being informed the lead supervisory
authority shall decide whether or not it will handle the case in accordance with the procedure provided in Article 60,
taking into account whether or not there is an establishment of the controller or processor in the Member State of
which the supervisory authority informed it.
4. Where the lead supervisory authority decides to handle the case, the procedure provided in Article 60 shall apply.
The supervisory authority which informed the lead supervisory authority may submit to the lead supervisory authority a
draft for a decision. The lead supervisory authority shall take utmost account of that draft when preparing


which informed the lead supervisory authority may submit to the lead supervisory authority a
draft for a decision. The lead supervisory authority shall take utmost account of that draft when preparing the draft
decision referred to in Article 60(3).
5. Where the lead supervisory authority decides not to handle the case, the supervisory authority which informed the
lead supervisory authority shall handle it according to Articles 61 and 62.
6. The lead supervisory authority shall be the sole interlocutor of the controller or processor for the cross-border
processing carried out by that controller or processor.


Article 57 - Tasks

1. Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory:
(a)  monitor and enforce the application of this Regulation;
(b)  promote public awareness and understanding of the risks, rules, safeguards and rights in relation to processing.
Activities addressed specifically to children shall receive specific attention;
(c)  advise, in accordance with Member State law, the national parliament, the government, and other institutions and
bodies on legislative and administrative measures relating to the protection of natural persons' rights and freedoms
with regard to processing;
(d)  promote the awareness of controllers and processors of their obligations under this Regulation;
(e)  upon request, provide information to any data subject concerning the exercise of their rights under this Regulation
and, if appropriate, cooperate with the supervisory authorities in other Member States to that end;
(f)  handle complaints lodged by a data subject, or by a body, organisation or association in accordance with Article 80,
and investigate, to the extent appropriate, the subject matter of the complaint and inform the complainant of the
progress and the outcome of the investigation within a reasonable period, in particular if further investigation or
coordination with another supervisory authority is necessary;
(g)  cooperate with, including sharing information and provide mutual assistance to, other supervisory authorities with
a vie

Article 57 - Tasks


stigation or
coordination with another supervisory authority is necessary;
(g)  cooperate with, including sharing information and provide mutual assistance to, other supervisory authorities with
a view to ensuring the consistency of application and enforcement of this Regulation;
(h)  conduct investigations on the application of this Regulation, including on the basis of information received from
another supervisory authority or other public authority;
(i)  monitor relevant developments, insofar as they have an impact on the protection of personal data, in particular the
development of information and communication technologies and commercial practices;
(j)  adopt standard contractual clauses referred to in Article 28(8) and in point (d) of Article 46(2);
(k)  establish and maintain a list in relation to the requirement for data protection impact assessment pursuant to
Article 35(4);
(l)  give advice on the processing operations referred to in Article 36(2);
(m)  encourage the drawing up of codes of conduct pursuant to Article 40(1) and provide an opinion and approve such
codes of conduct which provide sufficient safeguards, pursuant to Article 40(5);
(n)  encourage the establishment of data protection certification mechanisms and of data protection seals and marks
pursuant to Article 42(1), and approve the criteria of certification pursuant to Article 42(5);
(o)  where applicable, carry out a periodic review of certifications issued in accordance with Article 42(7);
(p)  dra

Article 57 - Tasks


ticle 42(1), and approve the criteria of certification pursuant to Article 42(5);
(o)  where applicable, carry out a periodic review of certifications issued in accordance with Article 42(7);
(p)  draft and publish the criteria for accreditation of a body for monitoring codes of conduct pursuant to Article 41
and of a certification body pursuant to Article 43;
(q)  conduct the accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification
body pursuant to Article 43;
(r)  authorise contractual clauses and provisions referred to in Article 46(3);
(s)  approve binding corporate rules pursuant to Article 47;
(t)  contribute to the activities of the Board;
(u)  keep internal records of infringements of this Regulation and of measures taken in accordance with Article 58(2);
and
(v)  fulfil any other tasks related to the protection of personal data.
2. Each supervisory authority shall facilitate the submission of complaints referred to in point (f) of paragraph 1 by
measures such as a complaint submission form which can also be completed electronically, without excluding other
means of communication.
3. The performance of the tasks of each supervisory authority shall be free of charge for the data subject and, where
applicable, for the data protection officer.
4. Where requests are manifestly unfounded or excessive, in particular because of their repetitive character, the
supervisory authority may charge a reasonable fee based on administrativ

Article 57 - Tasks


tion officer.
4. Where requests are manifestly unfounded or excessive, in particular because of their repetitive character, the
supervisory authority may charge a reasonable fee based on administrative costs, or refuse to act on the request. The
supervisory authority shall bear the burden of demonstrating the manifestly unfounded or excessive character of the
request.

Article 57 - Tasks


Article 58 - Powers

1. Each supervisory authority shall have all of the following investigative powers:
(a)  to order the controller and the processor, and, where applicable, the controller's or the processor's representative to
provide any information it requires for the performance of its tasks;
(b)  to carry out investigations in the form of data protection audits;
(c)  to carry out a review on certifications issued pursuant to Article 42(7);
(d)  to notify the controller or the processor of an alleged infringement of this Regulation;
(e)  to obtain, from the controller and the processor, access to all personal data and to all information necessary for the
performance of its tasks;
(f)  to obtain access to any premises of the controller and the processor, including to any data processing equipment
and means, in accordance with Union or Member State procedural law.
2. Each supervisory authority shall have all of the following corrective powers:
(a)  to issue warnings to a controller or processor that intended processing operations are likely to infringe provisions of
this Regulation;
(b)  to issue reprimands to a controller or a processor where processing operations have infringed provisions of this
Regulation;
(c)  to order the controller or the processor to comply with the data subject's requests to exercise his or her rights
pursuant to this Regulation;
(d)  to order the controller or processor to bring processing operations into compliance with the provisions of this
Regulation, where appr

Article 58 - Powers


s to exercise his or her rights
pursuant to this Regulation;
(d)  to order the controller or processor to bring processing operations into compliance with the provisions of this
Regulation, where appropriate, in a specified manner and within a specified period;
(e)  to order the controller to communicate a personal data breach to the data subject;
(f)  to impose a temporary or definitive limitation including a ban on processing;
(g)  to order the rectification or erasure of personal data or restriction of processing pursuant to Articles 16, 17 and 18
and the notification of such actions to recipients to whom the personal data have been disclosed pursuant to
Article 17(2) and Article 19;
(h)  to withdraw a certification or to order the certification body to withdraw a certification issued pursuant to
Articles 42 and 43, or to order the certification body not to issue certification if the requirements for the certifi
cation are not or are no longer met;
(i)  to impose an administrative fine pursuant to Article 83, in addition to, or instead of measures referred to in this
paragraph, depending on the circumstances of each individual case;
(j)  to order the suspension of data flows to a recipient in a third country or to an international organisation.
3. Each supervisory authority shall have all of the following authorisation and advisory powers:
(a)  to advise the controller in accordance with the prior consultation procedure referred to in Article 36;
(b)  to issue, on its own

Article 58 - Powers


hall have all of the following authorisation and advisory powers:
(a)  to advise the controller in accordance with the prior consultation procedure referred to in Article 36;
(b)  to issue, on its own initiative or on request, opinions to the national parliament, the Member State government or,
in accordance with Member State law, to other institutions and bodies as well as to the public on any issue related
to the protection of personal data;
(c)  to authorise processing referred to in Article 36(5), if the law of the Member State requires such prior authorisation;
(d)  to issue an opinion and approve draft codes of conduct pursuant to Article 40(5);
(e)  to accredit certification bodies pursuant to Article 43;
(f)  to issue certifications and approve criteria of certification in accordance with Article 42(5);
(g)  to adopt standard data protection clauses referred to in Article 28(8) and in point (d) of Article 46(2);
(h)  to authorise contractual clauses referred to in point (a) of Article 46(3);
(i)  to authorise administrative arrangements referred to in point (b) of Article 46(3);
(j)  to approve binding corporate rules pursuant to Article 47.
4. The exercise of the powers conferred on the supervisory authority pursuant to this Article shall be subject to
appropriate safeguards, including effective judicial remedy and due process, set out in Union and Member State law in
accordance with the Charter.
5. Each Member State shall provide by law that its supervisory authorit

Article 58 - Powers


ards, including effective judicial remedy and due process, set out in Union and Member State law in
accordance with the Charter.
5. Each Member State shall provide by law that its supervisory authority shall have the power to bring infringements
of this Regulation to the attention of the judicial authorities and where appropriate, to commence or engage otherwise
in legal proceedings, in order to enforce the provisions of this Regulation.
6. Each Member State may provide by law that its supervisory authority shall have additional powers to those
referred to in paragraphs 1, 2 and 3. The exercise of those powers shall not impair the effective operation of
Chapter VII.

Article 58 - Powers


Article 59 - Activity reports

Each supervisory authority shall draw up an annual report on its activities, which may include a list of types of
infringement notified and types of measures taken in accordance with Article 58(2). Those reports shall be transmitted
to the national parliament, the government and other authorities as designated by Member State law. They shall be made
available to the public, to the Commission and to the Board.

Article 59 - Activity reports


Article 60 - Cooperation between the lead supervisory authority and the other supervisory authorities

concerned
1. The lead supervisory authority shall cooperate with the other supervisory authorities concerned in accordance
with this Article in an endeavour to reach consensus. The lead supervisory authority and the supervisory authorities
concerned shall exchange all relevant information with each other.
2. The lead supervisory authority may request at any time other supervisory authorities concerned to provide mutual
assistance pursuant to Article 61 and may conduct joint operations pursuant to Article 62, in particular for carrying out
investigations or for monitoring the implementation of a measure concerning a controller or processor established in
another Member State.
3. The lead supervisory authority shall, without delay, communicate the relevant information on the matter to the
other supervisory authorities concerned. It shall without delay submit a draft decision to the other supervisory
authorities concerned for their opinion and take due account of their views.
4. Where any of the other supervisory authorities concerned within a period of four weeks after having been
consulted in accordance with paragraph 3 of this Article, expresses a relevant and reasoned objection to the draft
decision, the lead supervisory authority shall, if it does not follow the relevant and reasoned objection or is of the
opinion that the objection is not relevant or reasoned, submit the matter to the consistency mechanism referred to in
Article 63.
5. Where the lead supervisory authority


asoned objection or is of the
opinion that the objection is not relevant or reasoned, submit the matter to the consistency mechanism referred to in
Article 63.
5. Where the lead supervisory authority intends to follow the relevant and reasoned objection made, it shall submit
to the other supervisory authorities concerned a revised draft decision for their opinion. That revised draft decision shall
be subject to the procedure referred to in paragraph 4 within a period of two weeks.
6. Where none of the other supervisory authorities concerned has objected to the draft decision submitted by the
lead supervisory authority within the period referred to in paragraphs 4 and 5, the lead supervisory authority and the
supervisory authorities concerned shall be deemed to be in agreement with that draft decision and shall be bound by it.
7. The lead supervisory authority shall adopt and notify the decision to the main establishment or single
establishment of the controller or processor, as the case may be and inform the other supervisory authorities concerned
and the Board of the decision in question, including a summary of the relevant facts and grounds. The supervisory
authority with which a complaint has been lodged shall inform the complainant on the decision.
8. By derogation from paragraph 7, where a complaint is dismissed or rejected, the supervisory authority with which
the complaint was lodged shall adopt the decision and notify it to the complainant and shall inform the control


raph 7, where a complaint is dismissed or rejected, the supervisory authority with which
the complaint was lodged shall adopt the decision and notify it to the complainant and shall inform the controller
thereof.
9. Where the lead supervisory authority and the supervisory authorities concerned agree to dismiss or reject parts of
a complaint and to act on other parts of that complaint, a separate decision shall be adopted for each of those parts of
the matter. The lead supervisory authority shall adopt the decision for the part concerning actions in relation to the
controller, shall notify it to the main establishment or single establishment of the controller or processor on the territory
of its Member State and shall inform the complainant thereof, while the supervisory authority of the complainant shall
adopt the decision for the part concerning dismissal or rejection of that complaint, and shall notify it to that
complainant and shall inform the controller or processor thereof.
10. After being notified of the decision of the lead supervisory authority pursuant to paragraphs 7 and 9, the
controller or processor shall take the necessary measures to ensure compliance with the decision as regards processing
activities in the context of all its establishments in the Union. The controller or processor shall notify the measures
taken for complying with the decision to the lead supervisory authority, which shall inform the other supervisory
authorities concerned.
11. Where, in exce


oller or processor shall notify the measures
taken for complying with the decision to the lead supervisory authority, which shall inform the other supervisory
authorities concerned.
11. Where, in exceptional circumstances, a supervisory authority concerned has reasons to consider that there is an
urgent need to act in order to protect the interests of data subjects, the urgency procedure referred to in Article 66 shall
apply.
12. The lead supervisory authority and the other supervisory authorities concerned shall supply the information
required under this Article to each other by electronic means, using a standardised format.


Article 61 - Mutual assistance

1. Supervisory authorities shall provide each other with relevant information and mutual assistance in order to
implement and apply this Regulation in a consistent manner, and shall put in place measures for effective cooperation
with one another. Mutual assistance shall cover, in particular, information requests and supervisory measures, such as
requests to carry out prior authorisations and consultations, inspections and investigations.
2. Each supervisory authority shall take all appropriate measures required to reply to a request of another supervisory
authority without undue delay and no later than one month after receiving the request. Such measures may include, in
particular, the transmission of relevant information on the conduct of an investigation.
3. Requests for assistance shall contain all the necessary information, including the purpose of and reasons for the
request. Information exchanged shall be used only for the purpose for which it was requested.
4. The requested supervisory authority shall not refuse to comply with the request unless:
(a)  it is not competent for the subject-matter of the request or for the measures it is requested to execute; or
(b)  compliance with the request would infringe this Regulation or Union or Member State law to which the supervisory
authority receiving the request is subject.
5. The requested supervisory authority shall inform the requesting supervisory authority of the results or, as the case
may be, of the progress of the me

Article 61 - Mutual assistance


ry
authority receiving the request is subject.
5. The requested supervisory authority shall inform the requesting supervisory authority of the results or, as the case
may be, of the progress of the measures taken in order to respond to the request. The requested supervisory authority
shall provide reasons for any refusal to comply with a request pursuant to paragraph 4.
6. Requested supervisory authorities shall, as a rule, supply the information requested by other supervisory
authorities by electronic means, using a standardised format.
7. Requested supervisory authorities shall not charge a fee for any action taken by them pursuant to a request for
mutual assistance. Supervisory authorities may agree on rules to indemnify each other for specific expenditure arising
from the provision of mutual assistance in exceptional circumstances.
8. Where a supervisory authority does not provide the information referred to in paragraph 5 of this Article within
one month of receiving the request of another supervisory authority, the requesting supervisory authority may adopt a
provisional measure on the territory of its Member State in accordance with Article 55(1). In that case, the urgent need
to act under Article 66(1) shall be presumed to be met and require an urgent binding decision from the Board pursuant
to Article 66(2).
9. The Commission may, by means of implementing acts, specify the format and procedures for mutual assistance
referred to in this Article and the arrangements fo

Article 61 - Mutual assistance


m the Board pursuant
to Article 66(2).
9. The Commission may, by means of implementing acts, specify the format and procedures for mutual assistance
referred to in this Article and the arrangements for the exchange of information by electronic means between
supervisory authorities, and between supervisory authorities and the Board, in particular the standardised format
referred to in paragraph 6 of this Article. Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 93(2).

Article 61 - Mutual assistance


Article 62 - Joint operations of supervisory authorities

1. The supervisory authorities shall, where appropriate, conduct joint operations including joint investigations and
joint enforcement measures in which members or staff of the supervisory authorities of other Member States are
involved.
2. Where the controller or processor has establishments in several Member States or where a significant number of
data subjects in more than one Member State are likely to be substantially affected by processing operations, a
supervisory authority of each of those Member States shall have the right to participate in joint operations. The
supervisory authority which is competent pursuant to Article 56(1) or (4) shall invite the supervisory authority of each
of those Member States to take part in the joint operations and shall respond without delay to the request of a
supervisory authority to participate.
3. A supervisory authority may, in accordance with Member State law, and with the seconding supervisory
authority's authorisation, confer powers, including investigative powers on the seconding supervisory authority's
members or staff involved in joint operations or, in so far as the law of the Member State of the host supervisory
authority permits, allow the seconding supervisory authority's members or staff to exercise their investigative powers in
accordance with the law of the Member State of the seconding supervisory authority. Such investigative powers may be
exercised only under the guidance and in the presence of members or staff of th


in
accordance with the law of the Member State of the seconding supervisory authority. Such investigative powers may be
exercised only under the guidance and in the presence of members or staff of the host supervisory authority. The
seconding supervisory authority's members or staff shall be subject to the Member State law of the host supervisory
authority.
4. Where, in accordance with paragraph 1, staff of a seconding supervisory authority operate in another Member
State, the Member State of the host supervisory authority shall assume responsibility for their actions, including liability,
for any damage caused by them during their operations, in accordance with the law of the Member State in whose
territory they are operating.
5. The Member State in whose territory the damage was caused shall make good such damage under the conditions
applicable to damage caused by its own staff. The Member State of the seconding supervisory authority whose staff has
caused damage to any person in the territory of another Member State shall reimburse that other Member State in full
any sums it has paid to the persons entitled on their behalf.
6. Without prejudice to the exercise of its rights vis-à-vis third parties and with the exception of paragraph 5, each
Member State shall refrain, in the case provided for in paragraph 1, from requesting reimbursement from another
Member State in relation to damage referred to in paragraph 4.
7. Where a joint operation is intended and a supervisory aut


case provided for in paragraph 1, from requesting reimbursement from another
Member State in relation to damage referred to in paragraph 4.
7. Where a joint operation is intended and a supervisory authority does not, within one month, comply with the
obligation laid down in the second sentence of paragraph 2 of this Article, the other supervisory authorities may adopt
a provisional measure on the territory of its Member State in accordance with Article 55. In that case, the urgent need
to act under Article 66(1) shall be presumed to be met and require an opinion or an urgent binding decision from the
Board pursuant to Article 66(2).
Section 2
Consistency


Article 63 - Consistency mechanism

In order to contribute to the consistent application of this Regulation throughout the Union, the supervisory authorities
shall cooperate with each other and, where relevant, with the Commission, through the consistency mechanism as set
out in this Section.

Article 63 - Consistency mechanism


Article 64 - Opinion of the Board

1. The Board shall issue an opinion where a competent supervisory authority intends to adopt any of the measures
below. To that end, the competent supervisory authority shall communicate the draft decision to the Board, when it:
(a)  aims to adopt a list of the processing operations subject to the requirement for a data protection impact assessment
pursuant to Article 35(4);
(b)  concerns a matter pursuant to Article 40(7) whether a draft code of conduct or an amendment or extension to a
code of conduct complies with this Regulation;
(c)  aims to approve the criteria for accreditation of a body pursuant to Article 41(3) or a certification body pursuant to
Article 43(3);
(d)  aims to determine standard data protection clauses referred to in point (d) of Article 46(2) and in Article 28(8);
(e)  aims to authorise contractual clauses referred to in point (a) of Article 46(3); or
(f)  aims to approve binding corporate rules within the meaning of Article 47.
2. Any supervisory authority, the Chair of the Board or the Commission may request that any matter of general
application or producing effects in more than one Member State be examined by the Board with a view to obtaining an
opinion, in particular where a competent supervisory authority does not comply with the obligations for mutual
assistance in accordance with Article 61 or for joint operations in accordance with Article 62.
3. In the cases referred to in paragraphs 1 and 2, the Board shall issue an opinion on the matter su

Article 64 - Opinion of the Board


ual
assistance in accordance with Article 61 or for joint operations in accordance with Article 62.
3. In the cases referred to in paragraphs 1 and 2, the Board shall issue an opinion on the matter submitted to it
provided that it has not already issued an opinion on the same matter. That opinion shall be adopted within eight weeks
by simple majority of the members of the Board. That period may be extended by a further six weeks, taking into
account the complexity of the subject matter. Regarding the draft decision referred to in paragraph 1 circulated to the
members of the Board in accordance with paragraph 5, a member which has not objected within a reasonable period
indicated by the Chair, shall be deemed to be in agreement with the draft decision.
4. Supervisory authorities and the Commission shall, without undue delay, communicate by electronic means to the
Board, using a standardised format any relevant information, including as the case may be a summary of the facts, the
draft decision, the grounds which make the enactment of such measure necessary, and the views of other supervisory
authorities concerned.
5. The Chair of the Board shall, without undue, delay inform by electronic means:
(a)  the members of the Board and the Commission of any relevant information which has been communicated to it
using a standardised format. The secretariat of the Board shall, where necessary, provide translations of relevant
information; and
(b)  the supervisory authority referred to,

Article 64 - Opinion of the Board


been communicated to it
using a standardised format. The secretariat of the Board shall, where necessary, provide translations of relevant
information; and
(b)  the supervisory authority referred to, as the case may be, in paragraphs 1 and 2, and the Commission of the opinion
and make it public.
6. The competent supervisory authority shall not adopt its draft decision referred to in paragraph 1 within the period
referred to in paragraph 3.
7. The supervisory authority referred to in paragraph 1 shall take utmost account of the opinion of the Board and
shall, within two weeks after receiving the opinion, communicate to the Chair of the Board by electronic means whether
it will maintain or amend its draft decision and, if any, the amended draft decision, using a standardised format.
8. Where the supervisory authority concerned informs the Chair of the Board within the period referred to in
paragraph 7 of this Article that it does not intend to follow the opinion of the Board, in whole or in part, providing the
relevant grounds, Article 65(1) shall apply.

Article 64 - Opinion of the Board


Article 65 - Dispute resolution by the Board

1. In order to ensure the correct and consistent application of this Regulation in individual cases, the Board shall
adopt a binding decision in the following cases:
(a)  where, in a case referred to in Article 60(4), a supervisory authority concerned has raised a relevant and reasoned
objection to a draft decision of the lead authority or the lead authority has rejected such an objection as being not
relevant or reasoned. The binding decision shall concern all the matters which are the subject of the relevant and
reasoned objection, in particular whether there is an infringement of this Regulation;
(b)  where there are conflicting views on which of the supervisory authorities concerned is competent for the main
establishment;
(c)  where a competent supervisory authority does not request the opinion of the Board in the cases referred to in
Article 64(1), or does not follow the opinion of the Board issued under Article 64. In that case, any supervisory
authority concerned or the Commission may communicate the matter to the Board.
2. The decision referred to in paragraph 1 shall be adopted within one month from the referral of the subject-matter
by a two-thirds majority of the members of the Board. That period may be extended by a further month on account of
the complexity of the subject-matter. The decision referred to in paragraph 1 shall be reasoned and addressed to the lead
supervisory authority and all the supervisory authorities concerned and binding on them.
3. Where the


ubject-matter. The decision referred to in paragraph 1 shall be reasoned and addressed to the lead
supervisory authority and all the supervisory authorities concerned and binding on them.
3. Where the Board has been unable to adopt a decision within the periods referred to in paragraph 2, it shall adopt
its decision within two weeks following the expiration of the second month referred to in paragraph 2 by a simple
majority of the members of the Board. Where the members of the Board are split, the decision shall by adopted by the
vote of its Chair.
4. The supervisory authorities concerned shall not adopt a decision on the subject matter submitted to the Board
under paragraph 1 during the periods referred to in paragraphs 2 and 3.
5. The Chair of the Board shall notify, without undue delay, the decision referred to in paragraph 1 to the supervisory
authorities concerned. It shall inform the Commission thereof. The decision shall be published on the website of the
Board without delay after the supervisory authority has notified the final decision referred to in paragraph 6.
6. The lead supervisory authority or, as the case may be, the supervisory authority with which the complaint has
been lodged shall adopt its final decision on the basis of the decision referred to in paragraph 1 of this Article, without
undue delay and at the latest by one month after the Board has notified its decision. The lead supervisory authority or,
as the case may be, the supervisory authority with wh


of this Article, without
undue delay and at the latest by one month after the Board has notified its decision. The lead supervisory authority or,
as the case may be, the supervisory authority with which the complaint has been lodged, shall inform the Board of the
date when its final decision is notified respectively to the controller or the processor and to the data subject. The final
decision of the supervisory authorities concerned shall be adopted under the terms of Article 60(7), (8) and (9). The
final decision shall refer to the decision referred to in paragraph 1 of this Article and shall specify that the decision
referred to in that paragraph will be published on the website of the Board in accordance with paragraph 5 of this
Article. The final decision shall attach the decision referred to in paragraph 1 of this Article.


Article 66 - Urgency procedure

1. In exceptional circumstances, where a supervisory authority concerned considers that there is an urgent need to
act in order to protect the rights and freedoms of data subjects, it may, by way of derogation from the consistency
mechanism referred to in Articles 63, 64 and 65 or the procedure referred to in Article 60, immediately adopt
provisional measures intended to produce legal effects on its own territory with a specified period of validity which shall
not exceed three months. The supervisory authority shall, without delay, communicate those measures and the reasons
for adopting them to the other supervisory authorities concerned, to the Board and to the Commission.
2. Where a supervisory authority has taken a measure pursuant to paragraph 1 and considers that final measures
need urgently be adopted, it may request an urgent opinion or an urgent binding decision from the Board, giving
reasons for requesting such opinion or decision.
3. Any supervisory authority may request an urgent opinion or an urgent binding decision, as the case may be, from
the Board where a competent supervisory authority has not taken an appropriate measure in a situation where there is
an urgent need to act, in order to protect the rights and freedoms of data subjects, giving reasons for requesting such
opinion or decision, including for the urgent need to act.
4. By derogation from Article 64(3) and Article 65(2), an urgent opinion or an urgent binding decision referred to in
paragraphs 2 and

Article 66 - Urgency procedure


g such
opinion or decision, including for the urgent need to act.
4. By derogation from Article 64(3) and Article 65(2), an urgent opinion or an urgent binding decision referred to in
paragraphs 2 and 3 of this Article shall be adopted within two weeks by simple majority of the members of the Board.

Article 66 - Urgency procedure


Article 67 - Exchange of information

The Commission may adopt implementing acts of general scope in order to specify the arrangements for the exchange
of information by electronic means between supervisory authorities, and between supervisory authorities and the Board,
in particular the standardised format referred to in Article 64.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2).
Section 3
European dat a protection board

Article 67 - Exchange of information


Article 68 - European Data Protection Board

1. The European Data Protection Board (the ‘Board’) is hereby established as a body of the Union and shall have legal
personality.
2. The Board shall be represented by its Chair.
3. The Board shall be composed of the head of one supervisory authority of each Member State and of the European
Data Protection Supervisor, or their respective representatives.
4. Where in a Member State more than one supervisory authority is responsible for monitoring the application of
the provisions pursuant to this Regulation, a joint representative shall be appointed in accordance with that Member
State's law.
5. The Commission shall have the right to participate in the activities and meetings of the Board without voting
right. The Commission shall designate a representative. The Chair of the Board shall communicate to the Commission
the activities of the Board.
6. In the cases referred to in Article 65, the European Data Protection Supervisor shall have voting rights only on
decisions which concern principles and rules applicable to the Union institutions, bodies, offices and agencies which
correspond in substance to those of this Regulation.


Article 69 - Independence

1. The Board shall act independently when performing its tasks or exercising its powers pursuant to Articles 70
and 71.
2. Without prejudice to requests by the Commission referred to in point (b) of Article 70(1) and in Article 70(2), the
Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from
anybody.

Article 69 - Independence


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

Article 70 - Tasks of the Board


graph 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).
(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 o

Article 70 - Tasks of the Board


pose
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 referred to in points (e)
and (f);
(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)  carry out the accreditation of certification bodies and its periodic review pursuant to Article 43 and maintain a
public register of accredited bodies pursuant to Article 43(6) and of the accredited controllers or processors
established in third countries pursuant to Article 42(7);
(p)  specify the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies under
Article 42;
(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 Co

Article 70 - Tasks of the Board


he 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 knowl

Article 70 - Tasks of the Board


sonnel 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.
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 - Tasks of the Board


Article 71 - Reports

1. The Board shall draw up an annual report regarding the protection of natural persons with regard to processing in
the Union and, where relevant, in third countries and international organisations. The report shall be made public and
be transmitted to the European Parliament, to the Council and to the Commission.
2. The annual report shall include a review of the practical application of the guidelines, recommendations and best
practices referred to in point (l) of Article 70(1) as well as of the binding decisions referred to in Article 65.

Article 71 - Reports


Article 72 - Procedure

1. The Board shall take decisions by a simple majority of its members, unless otherwise provided for in this
Regulation.
2. The Board shall adopt its own rules of procedure by a two-thirds majority of its members and organise its own
operational arrangements.

Article 72 - Procedure


Article 73 - Chair

1. The Board shall elect a chair and two deputy chairs from amongst its members by simple majority.
2. The term of office of the Chair and of the deputy chairs shall be five years and be renewable once.

Article 73 - Chair


Article 74 - Tasks of the Chair

1. The Chair shall have the following tasks:
(a)  to convene the meetings of the Board and prepare its agenda;
(b)  to notify decisions adopted by the Board pursuant to Article 65 to the lead supervisory authority and the
supervisory authorities concerned;
(c)  to ensure the timely performance of the tasks of the Board, in particular in relation to the consistency mechanism
referred to in Article 63.
2. The Board shall lay down the allocation of tasks between the Chair and the deputy chairs in its rules of procedure.

Article 74 - Tasks of the Chair


Article 75 - Secretariat

1. The Board shall have a secretariat, which shall be provided by the European Data Protection Supervisor.
2. The secretariat shall perform its tasks exclusively under the instructions of the Chair of the Board.
3. The staff of the European Data Protection Supervisor involved in carrying out the tasks conferred on the Board by
this Regulation shall be subject to separate reporting lines from the staff involved in carrying out tasks conferred on the
European Data Protection Supervisor.
4. Where appropriate, the Board and the European Data Protection Supervisor shall establish and publish a
Memorandum of Understanding implementing this Article, determining the terms of their cooperation, and applicable
to the staff of the European Data Protection Supervisor involved in carrying out the tasks conferred on the Board by this
Regulation.
5. The secretariat shall provide analytical, administrative and logistical support to the Board.
6. The secretariat shall be responsible in particular for:
(a)  the day-to-day business of the Board;
(b)  communication between the members of the Board, its Chair and the Commission;
(c)  communication with other institutions and the public;
(d)  the use of electronic means for the internal and external communication;
(e)  the translation of relevant information;
(f)  the preparation and follow-up of the meetings of the Board;
(g)  the preparation, drafting and publication of opinions, decisions on the settlement of disputes between supervisory
author

Article 75 - Secretariat


rmation;
(f)  the preparation and follow-up of the meetings of the Board;
(g)  the preparation, drafting and publication of opinions, decisions on the settlement of disputes between supervisory
authorities and other texts adopted by the Board.

Article 75 - Secretariat


Article 76 - Confidentiality

1. The discussions of the Board shall be confidential where the Board deems it necessary, as provided for in its rules
of procedure.
2. Access to documents submitted to members of the Board, experts and representatives of third parties shall be
governed by Regulation (EC) No 1049/2001 of the European Parliament and of the Council (1).

Article 76 - Confidentiality


Article 77 - Right to lodge a complaint with a supervisory authority

1. 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.
2. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress
and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78.


Article 78 - Right to an effective judicial remedy against a supervisory authority

1. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the
right to an effective judicial remedy against a legally binding decision of a supervisory authority concerning them.
2. Without prejudice to any other administrative or non-judicial remedy, each data subject shall have the right to a an
effective judicial remedy where the supervisory authority which is competent pursuant to Articles 55 and 56 does not
handle a complaint or does not inform the data subject within three months on the progress or outcome of the
complaint lodged pursuant to Article 77.
3. Proceedings against a supervisory authority shall be brought before the courts of the Member State where the
supervisory authority is established.
4. Where proceedings are brought against a decision of a supervisory authority which was preceded by an opinion or
a decision of the Board in the consistency mechanism, the supervisory authority shall forward that opinion or decision
to the court.


Article 79 - Right to an effective judicial remedy against a controller or processor

1. Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint
with a supervisory authority pursuant to Article 77, each data subject shall have the right to an effective judicial remedy
where he or she considers that his or her rights under this Regulation have been infringed as a result of the processing
of his or her personal data in non-compliance with this Regulation.
2. Proceedings against a controller or a processor shall be brought before the courts of the Member State where the
controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the
Member State where the data subject has his or her habitual residence, unless the controller or processor is a public
authority of a Member State acting in the exercise of its public powers.
(1) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).


Article 80 - Representation of data subjects

1. The data subject shall have the right to mandate a not-for-profit body, organisation or association which has been
properly constituted in accordance with the law of a Member State, has statutory objectives which are in the public
interest, and is active in the field of the protection of data subjects' rights and freedoms with regard to the protection of
their personal data to lodge the complaint on his or her behalf, to exercise the rights referred to in Articles 77, 78 and
79 on his or her behalf, and to exercise the right to receive compensation referred to in Article 82 on his or her behalf
where provided for by Member State law.
2. Member States may provide that any body, organisation or association referred to in paragraph 1 of this Article, in
dependently of a data subject's mandate, has the right to lodge, in that Member State, a complaint with the supervisory
authority which is competent pursuant to Article 77 and to exercise the rights referred to in Articles 78 and 79 if it
considers that the rights of a data subject under this Regulation have been infringed as a result of the processing.


Article 81 - Suspension of proceedings

1. Where a competent court of a Member State has information on proceedings, concerning the same subject matter
as regards processing by the same controller or processor, that are pending in a court in another Member State, it shall
contact that court in the other Member State to confirm the existence of such proceedings.
2. Where proceedings concerning the same subject matter as regards processing of the same controller or processor
are pending in a court in another Member State, any competent court other than the court first seized may suspend its
proceedings.
3. Where those proceedings are pending at first instance, any court other than the court first seized may also, on the
application of one of the parties, decline jurisdiction if the court first seized has jurisdiction over the actions in question
and its law permits the consolidation thereof.

Article 81 - Suspension of proceedings


Article 82 - Right to compensation and liability

1. Any person who has suffered material or non-material damage as a result of an infringement of this Regulation
shall have the right to receive compensation from the controller or processor for the damage suffered.
2. Any controller involved in processing shall be liable for the damage caused by processing which infringes this
Regulation. A processor shall be liable for the damage caused by processing only where it has not complied with
obligations of this Regulation specifically directed to processors or where it has acted outside or contrary to lawful
instructions of the controller.
3. A controller or processor shall be exempt from liability under paragraph 2 if it proves that it is not in any way
responsible for the event giving rise to the damage.
4. Where more than one controller or processor, or both a controller and a processor, are involved in the same
processing and where they are, under paragraphs 2 and 3, responsible for any damage caused by processing, each
controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data
subject.
5. Where a controller or processor has, in accordance with paragraph 4, paid full compensation for the damage
suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in
the same processing that part of the compensation corresponding to their part of responsibility for the damage, in
accordance with the conditions set o


the other controllers or processors involved in
the same processing that part of the compensation corresponding to their part of responsibility for the damage, in
accordance with the conditions set out in paragraph 2.
6. Court proceedings for exercising the right to receive compensation shall be brought before the courts competent
under the law of the Member State referred to in Article 79(2).


Article 83 - General conditions for imposing administrative fines

1. Each supervisory authority shall ensure that the imposition of administrative fines pursuant to this Article in
respect of infringements of this Regulation referred to in paragraphs 4, 5 and 6 shall in each individual case be effective,
proportionate and dissuasive.
2. Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or
instead of, measures referred to in points (a) to (h) and (j) of Article 58(2). When deciding whether to impose an
administrative fine and deciding on the amount of the administrative fine in each individual case due regard shall be
given to the following:
(a)  the nature, gravity and duration of the infringement taking into account the nature scope or purpose of the
processing concerned as well as the number of data subjects affected and the level of damage suffered by them;
(b)  the intentional or negligent character of the infringement;
(c)  any action taken by the controller or processor to mitigate the damage suffered by data subjects;
(d)  the degree of responsibility of the controller or processor taking into account technical and organisational measures
implemented by them pursuant to Articles 25 and 32;
(e)  any relevant previous infringements by the controller or processor;
(f)  the degree of cooperation with the supervisory authority, in order to remedy the infringement and mitigate the
possible adverse effects of the infringement;
(g)  the categories of personal data affected by the i


of cooperation with the supervisory authority, in order to remedy the infringement and mitigate the
possible adverse effects of the infringement;
(g)  the categories of personal data affected by the infringement;
(h)  the manner in which the infringement became known to the supervisory authority, in particular whether, and if so
to what extent, the controller or processor notified the infringement;
(i)  where measures referred to in Article 58(2) have previously been ordered against the controller or processor
concerned with regard to the same subject-matter, compliance with those measures;
(j)  adherence to approved codes of conduct pursuant to Article 40 or approved certification mechanisms pursuant to
Article 42; and
(k)  any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits
gained, or losses avoided, directly or indirectly, from the infringement.
3. If a controller or processor intentionally or negligently, for the same or linked processing operations, infringes
several provisions of this Regulation, the total amount of the administrative fine shall not exceed the amount specified
for the gravest infringement.
4. Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines
up to 10 000 000 EUR, or in the case of an undertaking, up to 2 % of the total worldwide annual turnover of the
preceding financial year, whichever is higher:
(a)  the obligations of the c


ative fines
up to 10 000 000 EUR, or in the case of an undertaking, up to 2 % of the total worldwide annual turnover of the
preceding financial year, whichever is higher:
(a)  the obligations of the controller and the processor pursuant to Articles 8, 11, 25 to 39 and 42 and 43;
(b)  the obligations of the certification body pursuant to Articles 42 and 43;
(c)  the obligations of the monitoring body pursuant to Article 41(4).
5. Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines
up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the
preceding financial year, whichever is higher:
(a)  the basic principles for processing, including conditions for consent, pursuant to Articles 5, 6, 7 and 9;
(b)  the data subjects' rights pursuant to Articles 12 to 22;
(c)  the transfers of personal data to a recipient in a third country or an international organisation pursuant to
Articles 44 to 49;
(d)  any obligations pursuant to Member State law adopted under Chapter IX;
(e)  non-compliance with an order or a temporary or definitive limitation on processing or the suspension of data flows
by the supervisory authority pursuant to Article 58(2) or failure to provide access in violation of Article 58(1).
6. Non-compliance with an order by the supervisory authority as referred to in Article 58(2) shall, in accordance
with paragraph 2 of this Article, be subject to administrat


iolation of Article 58(1).
6. Non-compliance with an order by the supervisory authority as referred to in Article 58(2) shall, in accordance
with paragraph 2 of this Article, be subject to administrative fines up to 20 000 000 EUR, or in the case of an
undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher.
7. Without prejudice to the corrective powers of supervisory authorities pursuant to Article 58(2), each
Member State may lay down the rules on whether and to what extent administrative fines may be imposed on public
authorities and bodies established in that Member State.
8. The exercise by the supervisory authority of its powers under this Article shall be subject to appropriate
procedural safeguards in accordance with Union and Member State law, including effective judicial remedy and due
process.
9. Where the legal system of the Member State does not provide for administrative fines, this Article may be applied
in such a manner that the fine is initiated by the competent supervisory authority and imposed by competent national
courts, while ensuring that those legal remedies are effective and have an equivalent effect to the administrative fines
imposed by supervisory authorities. In any event, the fines imposed shall be effective, proportionate and dissuasive.
Those Member States shall notify to the Commission the provisions of their laws which they adopt pursuant to this
paragraph by 25 May 2018 and, without


all be effective, proportionate and dissuasive.
Those Member States shall notify to the Commission the provisions of their laws which they adopt pursuant to this
paragraph by 25 May 2018 and, without delay, any subsequent amendment law or amendment affecting them.


Article 84 - Penalties

1. Member States shall lay down the rules on other penalties applicable to infringements of this Regulation in
particular for infringements which are not subject to administrative fines pursuant to Article 83, and shall take all
measures necessary to ensure that they are implemented. Such penalties shall be effective, proportionate and dissuasive.
2. Each Member State shall notify to the Commission the provisions of its law which it adopts pursuant to
paragraph 1, by 25 May 2018 and, without delay, any subsequent amendment affecting them.

Article 84 - Penalties


Article 85 - Processing and freedom of expression and information

1. Member States shall by law reconcile the right to the protection of personal data pursuant to this Regulation with
the right to freedom of expression and information, including processing for journalistic purposes and the purposes of
academic, artistic or literary expression.
2. For processing carried out for journalistic purposes or the purpose of academic artistic or literary expression,
Member States shall provide for exemptions or derogations from Chapter II (principles), Chapter III (rights of the data
subject), Chapter IV (controller and processor), Chapter V (transfer of personal data to third countries or international
organisations), Chapter VI (independent supervisory authorities), Chapter VII (cooperation and consistency) and
Chapter IX (specific data processing situations) if they are necessary to reconcile the right to the protection of personal
data with the freedom of expression and information.
3. Each Member State shall notify to the Commission the provisions of its law which it has adopted pursuant to
paragraph 2 and, without delay, any subsequent amendment law or amendment affecting them.

Provisions relating to specific processing situations


Article 86 - Processing and public access to official documents

Personal data in official documents held by a public authority or a public body or a private body for the performance of
a task carried out in the public interest may be disclosed by the authority or body in accordance with Union or Member
State law to which the public authority or body is subject in order to reconcile public access to official documents with
the right to the protection of personal data pursuant to this Regulation.


Article 87 - Processing of the national identification number

Member States may further determine the specific conditions for the processing of a national identification number or
any other identifier of general application. In that case the national identification number or any other identifier of
general application shall be used only under appropriate safeguards for the rights and freedoms of the data subject
pursuant to this Regulation.


Article 88 - Processing in the context of employment

1. Member States may, by law or by collective agreements, provide for more specific rules to ensure the protection of
the rights and freedoms in respect of the processing of employees' personal data in the employment context, in
particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of
obligations laid down by law or by collective agreements, management, planning and organisation of work, equality and
diversity in the workplace, health and safety at work, protection of employer's or customer's property and for the
purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to
employment, and for the purpose of the termination of the employment relationship.
2. Those rules shall include suitable and specific measures to safeguard the data subject's human dignity, legitimate
interests and fundamental rights, with particular regard to the transparency of processing, the transfer of personal data
within a group of undertakings, or a group of enterprises engaged in a joint economic activity and monitoring systems
at the work place.
3. Each Member State shall notify to the Commission those provisions of its law which it adopts pursuant to
paragraph 1, by 25 May 2018 and, without delay, any subsequent amendment affecting them.


Article 89 - Safeguards and derogations relating to processing for archiving purposes in the public interest,

scientific or historical research purposes or statistical purposes
1. Processing for archiving purposes in the public interest, scientific or historical research purposes or statistical
purposes, shall be subject to appropriate safeguards, in accordance with this Regulation, for the rights and freedoms of
the data subject. Those safeguards shall ensure that technical and organisational measures are in place in particular in
order to ensure respect for the principle of data minimisation. Those measures may include pseudonymisation provided
that those purposes can be fulfilled in that manner. Where those purposes can be fulfilled by further processing which
does not permit or no longer permits the identification of data subjects, those purposes shall be fulfilled in that manner.
2. Where personal data are processed for scientific or historical research purposes or statistical purposes, Union or
Member State law may provide for derogations from the rights referred to in Articles 15, 16, 18 and 21 subject to the
conditions and safeguards referred to in paragraph 1 of this Article in so far as such rights are likely to render
impossible or seriously impair the achievement of the specific purposes, and such derogations are necessary for the
fulfilment of those purposes.
3. Where personal data are processed for archiving purposes in the public interest, Union or Member State law may
provide for derogations from the rights referred to in Articles 15, 16, 18, 19, 20 and 21 subject to


al data are processed for archiving purposes in the public interest, Union or Member State law may
provide for derogations from the rights referred to in Articles 15, 16, 18, 19, 20 and 21 subject to the conditions and
safeguards referred to in paragraph 1 of this Article in so far as such rights are likely to render impossible or seriously
impair the achievement of the specific purposes, and such derogations are necessary for the fulfilment of those
purposes.
4. Where processing referred to in paragraphs 2 and 3 serves at the same time another purpose, the derogations shall
apply only to processing for the purposes referred to in those paragraphs.


Article 90 - Obligations of secrecy

1. Member States may adopt specific rules to set out the powers of the supervisory authorities laid down in points (e)
and (f) of Article 58(1) in relation to controllers or processors that are subject, under Union or Member State law or
rules established by national competent bodies, to an obligation of professional secrecy or other equivalent obligations
of secrecy where this is necessary and proportionate to reconcile the right of the protection of personal data with the
obligation of secrecy. Those rules shall apply only with regard to personal data which the controller or processor has
received as a result of or has obtained in an activity covered by that obligation of secrecy.
2. Each Member State shall notify to the Commission the rules adopted pursuant to paragraph 1, by 25 May 2018
and, without delay, any subsequent amendment affecting them.

Article 90 - Obligations of secrecy


Article 91 - Existing data protection rules of churches and religious associations

1. Where in a Member State, churches and religious associations or communities apply, at the time of entry into
force of this Regulation, comprehensive rules relating to the protection of natural persons with regard to processing,
such rules may continue to apply, provided that they are brought into line with this Regulation.
2. Churches and religious associations which apply comprehensive rules in accordance with paragraph 1 of this
Article shall be subject to the supervision of an independent supervisory authority, which may be specific, provided that
it fulfils the conditions laid down in Chapter VI of this Regulation.


Article 92 - Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this
Article.
2. The delegation of power referred to in Article 12(8) and Article 43(8) shall be conferred on the Commission for
an indeterminate period of time from 24 May 2016.
3. The delegation of power referred to in Article 12(8) and Article 43(8) may be revoked at any time by the
European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in
that decision. It shall take effect the day following that of its publication in the Official Journal of the European Union or at
a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and
to the Council.
5. A delegated act adopted pursuant to Article 12(8) and Article 43(8) shall enter into force only if no objection has
been expressed by either the European Parliament or the Council within a period of three months of notification of that
act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the
Council have both informed the Commission that they will not object. That period shall be extended by three months at
the initiative of the European Parliament or of the Council.

Article 92 - Exercise of the delegation


Article 93 - Committee procedure

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of
Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with
Article 5 thereof, shall apply.

Article 93 - Committee procedure


Article 94 - Repeal of Directive 95/46/EC

1. Directive 95/46/EC is repealed with effect from 25 May 2018.
2. References to the repealed Directive shall be construed as references to this Regulation. References to the Working
Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of
Directive 95/46/EC shall be construed as references to the European Data Protection Board established by this
Regulation.


Article 95 - Relationship with Directive 2002/58/EC

This Regulation shall not impose additional obligations on natural or legal persons in relation to processing in
connection with the provision of publicly available electronic communications services in public communication
networks in the Union in relation to matters for which they are subject to specific obligations with the same objective
set out in Directive 2002/58/EC.


Article 96 - Relationship with previously concluded Agreements

International agreements involving the transfer of personal data to third countries or international organisations which
were concluded by Member States prior to 24 May 2016, and which comply with Union law as applicable prior to that
date, shall remain in force until amended, replaced or revoked.