Overview
This article defines the tasks of the European Data Protection Board (EDPB). The Board monitors and enforces consistent GDPR application across the EU, advises the European Commission, issues guidelines on data protection, profiling, breaches, and transfers, promotes cooperation among supervisory authorities, and maintains public registers for certifications and decisions.
Key Principles
Consistency Enforcement: Ensure uniform application of GDPR across all Member States.
Advisory Role: Provide guidance to the Commission on regulatory and compliance matters.
Guideline Issuance: Develop guidelines on key topics such as data protection practices, profiling, breach management, and cross-border transfers.
Cooperation Promotion: Facilitate coordination and information sharing between supervisory authorities.
Transparency: Maintain publicly accessible registers for certifications, decisions, and guidance.
Organizational Applicability
This article applies to:
The European Data Protection Board and its members.
Supervisory authorities across all EU Member States.
Controllers and processors subject to GDPR guidance and enforcement.
Teams supporting GDPR compliance, coordination, and public communication.
Implementation Requirements
Monitor GDPR implementation and compliance across Member States.
Advise the European Commission on regulatory matters.
Issue and maintain guidelines on processing, profiling, breaches, and transfers.
Facilitate cooperation among supervisory authorities and maintain public registers of certifications and decisions.
Implementation Guidance
Establish internal processes for monitoring, issuing guidelines, and maintaining registers.
Train staff on tasks related to enforcement, advisory functions, and coordination.
Coordinate with supervisory authorities to ensure uniform interpretation and application of GDPR.
Periodically review guidelines, registers, and cooperation procedures for effectiveness.
Periodic Review
Frequency: Annually or when GDPR updates, new guidelines, or cross-border issues arise.
Responsible Role: EDPB Chair, Board Secretariat, Compliance Teams.
Outcome: Ensure the Board performs its monitoring, advisory, guideline issuance, and coordination roles effectively.
Non-Compliance Risks
Fines: Up to €20 million or 4% of global annual turnover for supervised entities.
Legal Exposure: Inconsistent GDPR enforcement or guidance disputes.
Reputational Damage: Loss of trust in the Board’s effectiveness and leadership.
Operational Risk: Ineffective monitoring and guidance may compromise GDPR consistency and compliance.