Article 68 GDPR (European Data Protection Board)

Article 68 of GDPR: European Data Protection Board

Article 68 of GDPR establishes the European Data Protection Board and gives it a legal personality.

The European Data Protection Board replaces the Working Party under Directive 95/46/EC.

EDPB establishment (Article 68(1) GDPR)

By virtue of Article 68(1) of GDPR, the European Data Protection Board is established and is given a legal personality.

EDPB representation (Article 68(2) GDPR)

The EDPB is represented by its Chair.

EDPB composition (Article 68(3) GDPR)

The EDPB is composed of the head of one supervisory authority in each EU member state and the EDPB Supervisor.

Joint representative of a EU member state (Article 68(4) GDPR)

If there are more than one supervisory authorities in the same EU member state, then the EU member state will appoint a joint representative based on the member state’s law.

Commission present without voting rights (Article 68(5) GDPR)

The Commission has the right to have a representative attend the meetings of the EDPB or participate in its activities.

The Commission’s representative will not have any voting rights.

EDPB Supervisor voting rights (Article 68(6) GDPR)

In the event a matter is subjected to the dispute resolution under GDPR, the EDPB Supervisor will have voting rights with respect to the following decisions:

  1. Principles applicable to the EU institutions, bodies, offices and agencies relating to GDPR
  2. Rules applicable to the EU institutions, bodies, offices and agencies relating to GDPR

Recitals applicable to Article 68 of GDPR

Relevant Recitals: 139

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Cited Legislation in Article 68 or relevant recitals

Directive 95/46/EC

GDPR Text: Article 68 of GDPR and Relevant Recitals

GDPR Text Source: EUR-Lex

Official GDPR Text: General Data Protection Regulation 

Official GDPR Title: REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), corrected by Corrigendum, OJL 127, 23.5.2018, p. 2 ((EU) 2016/679)