Overview

This article establishes the consistency mechanism, which ensures that supervisory authorities cooperate with each other and the European Commission to guarantee the consistent application of GDPR across the EU. The mechanism facilitates coordination, resolution of disputes, and alignment of enforcement actions between authorities.


Key Principles

  • Coordination: Supervisory authorities collaborate to maintain uniform GDPR application.

  • Commission Involvement: The European Commission provides guidance and oversight for cross-border consistency.

  • Dispute Resolution: Mechanism addresses conflicting positions or enforcement actions among authorities.

  • Transparency and Accountability: Decisions and processes under the mechanism are documented and communicated.

Organizational Applicability

This article applies to:

  • Supervisory authorities in all EU Member States.

  • The European Commission, involved in cross-border GDPR oversight.

  • Controllers and processors affected by cross-border enforcement and consistency actions.

  • Teams responsible for compliance, legal coordination, and cross-border operations.

Implementation Requirements

  • Establish communication channels and procedures to participate in the consistency mechanism.

  • Cooperate with other supervisory authorities and the European Commission on cross-border issues.

  • Document all interactions, guidance, and decisions arising from the mechanism.

  • Implement agreed-upon measures to ensure GDPR consistency across jurisdictions.

Implementation Guidance

  • Maintain regular contact and reporting with other authorities and the Commission.

  • Train staff on consistency mechanism procedures and roles.

  • Develop templates for information exchange, dispute submissions, and joint decisions.

  • Periodically review procedures to ensure effective coordination and compliance.

Periodic Review

  • Frequency: Annually or when new cross-border issues or updates in GDPR arise.

  • Responsible Role: Lead and concerned supervisory authorities, Compliance Team, or Legal.

  • Outcome: Ensure consistent GDPR application across Member States and effective dispute resolution.

Non-Compliance Risks

  • Fines: Up to €20 million or 4% of global annual turnover for supervised entities.

  • Legal Exposure: Conflicting enforcement or non-uniform application of GDPR.

  • Reputational Damage: Loss of trust in regulatory consistency and authority effectiveness.

  • Operational Risk: Poor coordination may lead to inconsistent decisions or enforcement delays.