GDPR Article 92 — Exercise of the delegation

What this control requires

The Commission's power to adopt delegated acts under Articles 12(8) and 43(8) is granted indefinitely from May 24, 2016, subject to revocation by the European Parliament or Council. Acts take effect unless objected to within three months, extendable by three months, with notification to both bodies. This control addresses Delegated and Implementing Acts.

In plain English

The Commission's power to adopt delegated acts under Articles 12(8) and 43(8) is granted indefinitely from May 24, 2016, subject to revocation by the European Parliament or Council. In practice, this means you can prove you notification notification-level controls on a defined cadence.

Why it matters

GDPR administrative fines reach the greater of €20 million or 4% of global annual turnover. The European Data Protection Board (EDPB) coordinates supervisory-authority enforcement across the EU/EEA, and DPAs publish enforcement decisions citing specific Articles.

What an auditor looks for

A DPA or privacy auditor expects: a Records of Processing Activities (RoPA) entry, a documented lawful basis, evidence the Article's data-subject right is operationalised end-to-end, a named DPO contact (where required), and Article 30 records that match what the front-end actually does.

Within Chapter X: Delegated and Implementing Acts, the assessor will trace your implementation back to the catalogue reference (Article Article 92) and look for objective evidence on the latest two assessment cycles.

How to implement

1. Write a short policy stating intent, scope and named owner.
2. Encode it as a platform guardrail — SCP, Azure Policy initiative, Organisation Policy, or repository policy.
3. Wire a monitoring signal that catches drift (CSPM rule, SIEM rule, scheduled query, Workspace alert) and ticket it.
4. Review on a documented cadence and capture the review in the risk register or compliance tracker.

Operational checklist

• Notification. Document the trigger, the owner and the cadence.
• European. Document the trigger, the owner and the cadence.
• Exercise. Document the trigger, the owner and the cadence.
• Commission. Document the trigger, the owner and the cadence.
• Review. Document the trigger, the owner and the cadence.
• Scope: notification, council, commission, delegation.

Evidence to collect

• Identity Scan. IAM / IdP exports — Entra ID, Okta, IAM Identity Center, Workspace directory — showing accounts, roles, MFA state and last sign-in.

Identity analytics (Okta, SailPoint, Access Analyzer) demonstrates least-privilege. Focus: Exercise of the delegation.

How it maps to other frameworks

Computed from shared tags, control component and key-operation subjects — handy when you are reconciling controls across an audit.

• ISO/IEC 27001:2022 A.8.23 — Web filtering
• SOC 2 (2017 TSC) CC1.5 — Accountability for Internal Control Responsibilities
• NIST SP 800-171 Rev. 3 3.13.4 — Information in Shared System Resources
• CIS Controls v8 9.2 — Use DNS Filtering Services
• BSI C5:2020 AM-05 — Commitment to Permissible Use, Safe Handling and Return of Assets

Related controls in GDPR

• Article Article 45 — Transfers on the basis of an adequacy decision
• Article Article 59 — Activity reports
• Article Article 71 — Reports
• Article Article 12 — Transparent information, communication and modalities for the exercise of the rights of the data subject

References

• European Union — GDPR
• Catalogue identifier: Article Article 92

Topics: identity accessidentity managementaccess reviewprivileged accessenvironmental controls