Overview

This article ensures that European Data Protection Board (EDPB) discussions remain confidential when deemed necessary according to the Board’s rules of procedure. Access to documents is regulated for Board members, experts, and third-party representatives in compliance with Regulation (EC) No 1049/2001.

Key Principles

  • Confidential Deliberations: Board discussions are protected to preserve integrity and independence.

  • Controlled Access: Documents are accessible only to authorized Board members, experts, and third-party representatives.

  • Legal Compliance: Access aligns with Regulation (EC) No 1049/2001 governing public access to EU documents.

  • Accountability: Confidentiality safeguards ensure proper management of sensitive information.

Organizational Applicability

This article applies to:

  • Members of the European Data Protection Board and appointed experts.

  • Third-party representatives participating in Board-related activities.

  • Secretariat staff managing documents, communications, and access control.

  • Teams responsible for compliance with GDPR and document access regulations.

Implementation Requirements

  • Define confidentiality rules in accordance with the Board’s procedural guidelines.

  • Restrict access to sensitive documents to authorized personnel only.

  • Implement measures to protect confidentiality during meetings, communications, and document handling.

  • Ensure compliance with Regulation (EC) No 1049/2001 for public access where applicable.

Implementation Guidance

  • Maintain a registry of document access and authorized personnel.

  • Train Board members, experts, and Secretariat staff on confidentiality requirements.

  • Apply encryption, secure storage, and controlled sharing for sensitive documents.

  • Periodically review confidentiality measures to ensure compliance and effectiveness.

Periodic Review

  • Frequency: Annually or when procedural rules, Board composition, or access requirements change.

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

  • Outcome: Ensure Board discussions and documents remain confidential while complying with legal requirements.

Non-Compliance Risks

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

  • Legal Exposure: Risks related to unauthorized disclosure of sensitive Board documents.

  • Reputational Damage: Loss of trust in the Board’s integrity and decision-making.

  • Operational Risk: Breaches of confidentiality may undermine enforcement, guidance, and cross-border coordination.