Article 92 of GDPR: Exercise of The Delegation
Article 92 of GDPR provides for the rules applicable to the delegation of acts by the Commission under GDPR.
Power to delegate acts (Article 92(1) GDPR)
The Commission is given the power to delegate acts in accordance with the conditions of Article 92 of GDPR.
Duration of the delegation of power (Article 92(2) GDPR)
The delegation power granted under GDPR is for an indeterminate period of time starting from May 24, 2016.
Revocation of delegation power (Article 92(3) GDPR)
The European Parliament and the Council are given the power to revoke delegations of power.
Their revocation decision will take effect the day following the publication of their decision in the Official Journal of the European Union or at another point in time specified by the decision.
Notification of delegation acts (Article 92(4) GDPR)
When the Commission adopts delegation acts, it must notify both the European Parliament and the Council.
Adoption of delegation acts (Article 92(5) GDPR)
A delegated act will take effect if the European Parliament or Council does not object to it within a period of 3 months following the receipt of a notification or if both the European Parliament and Council confirm they will not object.
Recitals applicable to Article 92 of GDPR
Relevant Recitals: 166, 167, 168, 169, 170
GDPR Regulation article-by-article overview
Read our comprehensive overview of the GDPR Regulation, article by article, where we summarize each of the 99 articles contained in GDPR to give you a complete understanding of its content.
Cited Legislation in Article 92 or relevant recitals
Treaty on the Functioning of the European Union
GDPR Text: Article 92 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)