Article 71 GDPR

← Article 71 - Reports →
Chapter 1: General provisions Article 1: Subject-matter and objectives Article 2: Material scope Article 3: Territorial scope Article 4: Definitions Chapter 2: Principles Article 5: Principles relating to processing of personal data Article 6: Lawfulness of processing Article 7: Conditions for consent Article 8: Conditions applicable to child’s consent in relation to information society services Article 9: Processing of special categories of personal data Article 10: Processing of personal data relating to criminal convictions and offences Article 11: Processing which does not require identification Chapter 3: Rights of the data subject Article 12: Transparent information, communication and modalities for the exercise of the rights of the data subject Article 13: Information to be provided where personal data are collected from the data subject Article 14: Information to be provided where personal data have not been obtained from the data subject Article 15: Right of access by the data subject Article 16: Right to rectification Article 17: Right to erasure (‘right to be forgotten’) Article 18: Right to restriction of processing Article 19: Notification obligation regarding rectification or erasure of personal data or restriction of processing Article 20: Right to data portability Article 21: Right to object Article 22: Automated individual decision-making, including profiling Article 23: Restrictions Chapter 4: Controller and processor Article 24: Responsibility of the controller Article 25: Data protection by design and by default Article 26: Joint controllers Article 27: Representatives of controllers or processors not established in the Union Article 28: Processor Article 29: Processing under the authority of the controller or processor Article 30: Records of processing activities Article 31: Cooperation with the supervisory authority Article 32: Security of processing Article 33: Notification of a personal data breach to the supervisory authority Article 34: Communication of a personal data breach to the data subject Article 35: Data protection impact assessment Article 36: Prior consultation Article 37: Designation of the data protection officer Article 38: Position of the data protection officer Article 39: Tasks of the data protection officer Article 40: Codes of conduct Article 41: Monitoring of approved codes of conduct Article 42: Certification Article 43: Certification bodies Chapter 5: Transfers of personal data Article 44: General principle for transfers Article 45: Transfers on the basis of an adequacy decision Article 46: Transfers subject to appropriate safeguards Article 47: Binding corporate rules Article 48: Transfers or disclosures not authorised by Union law Article 49: Derogations for specific situations Article 50: International cooperation for the protection of personal data Chapter 6: Supervisory authorities Article 51: Supervisory authority Article 52: Independence Article 53: General conditions for the members of the supervisory authority Article 54: Rules on the establishment of the supervisory authority Article 55: Competence Article 56: Competence of the lead supervisory authority Article 57: Tasks Article 58: Powers Article 59: Activity reports Chapter 7: Cooperation and consistency Article 60: Cooperation between the lead supervisory authority and the other supervisory authorities concerned Article 61: Mutual assistance Article 62: Joint operations of supervisory authorities Article 63: Consistency mechanism Article 64: Opinion of the Board Article 65: Dispute resolution by the Board Article 66: Urgency procedure Article 67: Exchange of information Article 68: European Data Protection Board Article 69: Independence Article 70: Tasks of the Board Article 71: Reports Article 72: Procedure Article 73: Chair Article 74: Tasks of the Chair Article 75: Secretariat Article 76: Confidentiality Chapter 8: Remedies, liability and penalties Article 77: Right to lodge a complaint with a supervisory authority Article 78: Right to an effective judicial remedy against a supervisory authority Article 79: Right to an effective judicial remedy against a controller or processor Article 80: Representation of data subjects Article 81: Suspension of proceedings Article 82: Right to compensation and liability Article 83: General conditions for imposing administrative fines Article 84: Penalties Chapter 9: Specific processing situations Article 85: Processing and freedom of expression and information Article 86: Processing and public access to official documents Article 87: Processing of the national identification number Article 88: Processing in the context of employment Article 89: Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes Article 90: Obligations of secrecy Article 91: Existing data protection rules of churches and religious associations Chapter 10: Delegated and implementing acts Article 92: Exercise of the delegation Article 93: Committee procedure Chapter 11: Final provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded Agreements Article 97: Commission reports Article 98: Review of other Union legal acts on data protection Article 99: Entry into force and application

Legal Text

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.

Relevant Recitals

N/a.

Commentary

(1) Obligation to prepare an annual report

The EDPB’s annual report can include all topics relevant to data protection law. It is simultaneously intended to make the actions of the EDPB transparent, whilst also increasing public awareness of the risks associated with the processing of personal data.

It is not primarily designed to be a summary of the EDPB’s activities, but rather a status report on data protection in the EU, as well as in third countries “where relevant.” The phrase “where relevant” is intended to make clear that third countries will only be referred to where the data of EU individuals are processed. Irrespective of this, the EDPB may also monitor international developments in non-EU data protection for other reasons.

Although made public, the annual report is directly transmitted to the European Parliament, Council, and Commission, giving it a distinctive political orientation. These bodies can use the report as an opportunity to take their own action; e.g., the Commission might initiate infringement proceedings against Member States that the EDPB confirms have violated the GDPR.

Public bodies can be named in the annual report as they have no basic right to data protection. The extent to which private organisations should be named must be assessed on a case-by-case basis, and factors may include: whether the organisation is committing persistent violations of the GDPR; whether there is a legal dispute (the ECJ and ECHR always publish their judgments with the full names of parties to the proceedings); and the possible adverse effects on the company’s reputation.

(1) Content of the annual report

Article 71(2) establishes a few specific requirements for the content of the annual report.

First, the report must include a review of the EDPB’s statements, guidelines, recommendations, and best practices published under Article 70(3) GDPR. Though Article 70(3) GDPR already obliges the EDPB to make these public, Article 71(2) GDPR ensures the public is provided with an overview of acts adopted during the relevant reporting period.

Additionally, the report must include any binding decisions issued in dispute resolution procedures under Article 65(1). Article 65(5) also obliges the EDPB to publish such decisions on its website.

Beyond these specific requirements, the EDPB has a wide discretion as to which information is included in the annual report. This has previously included a summary of its most important statements and resolutions, and statements on the activities of supervisory authorities.<ref>Nguyen in Gola DS-GVO, Article 71 GDPR, margin number 1-3 (Beck, 2018, 2^nd ed.) (accessed 01.06.2021).

Decisions

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