Article 74 GDPR

← Article 74 - Tasks of the Chair →
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 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.

Relevant Recitals

Recital 140: Secretariat and Staff of the EDPS

The Board should be assisted by a secretariat provided by the European Data Protection Supervisor. The staff of the European Data Protection Supervisor involved in carrying out the tasks conferred on the Board by this Regulation should perform its tasks exclusively under the instructions of, and report to, the Chair of the Board.

Commentary

The Regulation establishes the existence of, and governs the functioning of the Board and its Chair. Article 74 GDPR outlines the powers and tasks afforded to the Chair in relation to the running of the Board. Generally, the Regulation allows for the Board to enjoy a wide degree of autonomy, which too has been extended to the Chair. For instance, paragraph two of this provision allows for the Board to lay down the allocation of tasks between the Chair and the deputy chairs in its rules of procedure.

The Board and its Chair, as the successors of the Article 29 Working Party (“WP29”), inherit the functions served by the WP29 but notably, are allocated a wider array of duties and powers. In particular, the Chair of the Board is afforded broader powers than the Chair of the WP29. Under Article 65(3) GDPR, the Chair is able to issue a casting vote in the instance of stalemate, which is a power not enjoyed by its predecessor.

(1) Tasks of the Chair

Article 74(1) GDPR mandates a list of responsibilities to the Chair. Namely, these responsibilities include convening the meetings of the Board, preparing its agenda, notifying decisions adopted by the Board under Article 65 GDPR to the authorities, and ensuring the timely performance of the tasks of the Board in relation to the consistency mechanism referred to in Article 63 GDPR.  

The aforementioned tasks are supplemented by duties found in other provisions of the Regulation. In particular, the Chair represents the Board (Article 68(2) GDPR) and is responsible for directing the work of the secretariat (Article 75(2) GDPR). Other specific responsibilities arise from the consistency mechanism, which for the purposes of Articles 64 and 65 GDPR, is administered by the Chair.

Docksey clarifies that while some tasks of the Chair are purely administrative or procedural, other consistency mechanism tasks are more substantive. For example, the Chair may determine a “reasonable” period in which members may object to draft decisions (Article 64(3) GDPR). Together with the other supervisory authorities, the Chair has also the right to request an opinion of the EDPB on any matter of general application or producing effects in more than one Member State (Article 64(2) GDPR). Docksey notes that the “subject-matter is thus not limited to the matters listed in Article 64(1) and could concern, for example, the determination of a data breach or the validity of consent in a specific technological context […]”.

(2) Allocation of Tasks

Article 74(2) GDPR allows for the Board to determine the allocation of tasks between the Chair and the deputy chairs in its Rules of Procedure (“RoP”). Article 7(2) RoP provides that after each election of the Chair and, or deputy chairs, the Chair shall, after consultation with the deputy chairs, submit a proposal to the Board for the allocation of tasks among them including the acting on behalf of each other in cases of non-availability or incapacity. The RoP also foresee that the Chair might delegate the competence to sign documents to its deputy chairs. In addition, Article 7(1) RoP provides that the Chair may designate in addition to its deputy chairs, any member of a supervisory authority or of the secretariat to represent the Board externally in its place.

Decisions

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