Overview

This article requires the European Data Protection Board (EDPB) to produce and publish an annual report on personal data protection in the EU and, where applicable, third countries. The report includes a review of guidelines, recommendations, best practices, and binding decisions and is transmitted to the European Parliament, Council, and European Commission.


Key Principles

  • Transparency: Reports provide clear insight into the Board’s activities and data protection landscape.

  • Accountability: Document guidelines, recommendations, and binding decisions issued by the Board.

  • Scope: Covers personal data protection in the EU and relevant third countries.

  • Communication: Transmit reports to EU institutions for oversight and policy development.

Organizational Applicability

This article applies to:

  • The European Data Protection Board and its Secretariat.

  • EU institutions including the European Parliament, Council, and Commission.

  • Supervisory authorities and organizations impacted by the Board’s guidance and decisions.

Implementation Requirements

  • Compile an annual report summarizing GDPR enforcement, guidance, and cross-border activities.

  • Include reviews of guidelines, recommendations, best practices, and binding decisions.

  • Publish the report and transmit it to the European Parliament, Council, and Commission.

  • Maintain records supporting the information contained in the report.

Implementation Guidance

  • Establish a standardized reporting template to ensure consistency and completeness.

  • Train staff on data collection, documentation, and reporting procedures.

  • Coordinate with supervisory authorities to gather relevant input and statistics.

  • Periodically review reporting processes to improve transparency and compliance.

Periodic Review

  • Frequency: Annually.

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

  • Outcome: Ensure timely publication, accurate reporting, and effective communication to EU institutions.

Non-Compliance Risks

  • Fines: Up to €20 million or 4% of global annual turnover for supervised entities not adhering to GDPR obligations.

  • Legal Exposure: Challenges for incomplete, inaccurate, or untimely reports.

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

  • Operational Risk: Ineffective reporting may impair EU-wide GDPR monitoring and policy development.