Overview

This article ensures that the European Data Protection Board (EDPB) acts independently when performing its tasks and exercising its powers under GDPR. The Board must operate without seeking or taking instructions from any external party, except where explicitly required by the European Commission.


Key Principles

  • Operational Independence: The Board conducts its activities free from external influence.

  • Autonomy in Decision-Making: Decisions and guidance are made independently, based solely on GDPR requirements.

  • Commission Interaction: The Board may only take directions from the Commission where explicitly specified.

  • Accountability: Independence ensures unbiased oversight and consistent enforcement of GDPR across the EU.

Organizational Applicability

This article applies to:

  • The European Data Protection Board and its members.

  • Supervisory authorities coordinating with the Board.

  • Teams supporting GDPR compliance, guidance issuance, and cross-border enforcement.

Implementation Requirements

  • Ensure all Board operations and decisions are made independently of external influence.

  • Document instances where Commission guidance is explicitly required and followed.

  • Maintain transparency in decision-making processes to demonstrate independence.

  • Implement internal policies reinforcing autonomous operations and governance.

Implementation Guidance

  • Train Board members and staff on GDPR independence principles and requirements.

  • Establish safeguards to prevent undue influence from external parties.

  • Periodically review operations to ensure decisions and tasks are carried out independently.

  • Maintain records demonstrating adherence to independence requirements.

Periodic Review

  • Frequency: Annually or when structural or procedural changes occur.

  • Responsible Role: EDPB Chair, Board Secretariat, Compliance Teams.

  • Outcome: Ensure the Board operates independently, maintains accountability, and enforces GDPR consistently.

Non-Compliance Risks

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

  • Legal Exposure: Challenges or disputes over Board decisions due to perceived influence.

  • Reputational Damage: Loss of trust in the Board’s impartiality and effectiveness.

  • Operational Risk: Compromised independence may impair cross-border GDPR enforcement and guidance.