GDPR — Article 64

The article's text

Article 64
Opinion of the Board
1. The Board shall issue an opinion where a competent supervisory authority intends to adopt any of the measures below. To that end, the competent supervisory authority shall communicate the draft decision to the Board, when it:
(a) 
aims to adopt a list of the processing operations subject to the requirement for a data protection impact assessment pursuant to Article 35(4);
(b) 
concerns a matter pursuant to Article 40(7) whether a draft code of conduct or an amendment or extension to a code of conduct complies with this Regulation;
(c) 
aims to approve the requirements for accreditation of a body pursuant to Article 41(3), of a certification body pursuant to Article 43(3) or the criteria for certification referred to in Article 42(5);
of a certification body pursuant to Article 43(3) or the criteria for certification referred to in Article 42(5);
(d) 
aims to determine standard data protection clauses referred to in point (d) of Article 46(2) and in Article 28(8);
(e) 
aims to authorise contractual clauses referred to in point (a) of Article 46(3); or
(f) 
aims to approve binding corporate rules within the meaning of Article 47.
2. Any supervisory full textauthority, the Chair of the Board or the Commission may request that any matter of general application or producing effects in more than one Member State be examined by the Board with a view to obtaining an opinion, in particular where a competent supervisory authority does not comply with the obligations for mutual assistance in accordance with Article 61 or for joint operations in accordance with Article 62.
obligations for mutual assistance in accordance with Article 61 or for joint operations in accordance with Article 62.
3. In the cases referred to in paragraphs 1 and 2, the Board shall issue an opinion on the matter submitted to it provided that it has not already issued an opinion on the same matter. That opinion shall be adopted within eight weeks by simple majority of the members of the Board. That period may be extended by a further six weeks, taking into account the complexity of the subject matter. Regarding the draft decision referred to in paragraph 1 circulated to the members of the Board in accordance with paragraph 5, a member which has not objected within a reasonable period indicated by the Chair, shall be deemed to be in agreement with the draft decision.
objected within a reasonable period indicated by the Chair, shall be deemed to be in agreement with the draft decision.
4. Supervisory authorities and the Commission shall, without undue delay, communicate by electronic means to the Board, using a standardised format any relevant information, including as the case may be a summary of the facts, the draft decision, the grounds which make the enactment of such measure necessary, and the views of other supervisory authorities concerned.
grounds which make the enactment of such measure necessary, and the views of other supervisory authorities concerned.
5. The Chair of the Board shall, without undue, delay inform by electronic means:
(a) 
the members of the Board and the Commission of any relevant information which has been communicated to it using a standardised format. The secretariat of the Board shall, where necessary, provide translations of relevant information; and
(b) 
the supervisory authority referred to, as the case may be, in paragraphs 1 and 2, and the Commission of the opinion and make it public.
6. The competent supervisory authority referred to in paragraph 1 shall not adopt its draft decision referred to in paragraph 1 within the period referred to in paragraph 3.
paragraph 1 shall not adopt its draft decision referred to in paragraph 1 within the period referred to in paragraph 3.
7. The competent supervisory authority referred to in paragraph 1 shall take utmost account of the opinion of the Board and shall, within two weeks after receiving the opinion, communicate to the Chair of the Board by electronic means whether it will maintain or amend its draft decision and, if any, the amended draft decision, using a standardised format.
8. Where the competent supervisory authority referred to in paragraph 1 informs the Chair of the Board within the period referred to in paragraph 7 of this Article that it does not intend to follow the opinion of the Board, in whole or in part, providing the relevant grounds, Article 65(1) shall apply.

Who wrote about this article in the consultations

Filers who named this exact article number in their own text. It is their sentence, not our reading — and not a causal claim.

company

business association

NGO

non-EU citizen

EU citizen

Who	Country	What they wrote
Bundesverband Digitale Wirtschaft (BVDW) e.V.	DE	e Beschwerde z.B. nicht mehr wegen ungenügender Informationslage abgewiesen werden können. Wünschenswert wäre, wenn auch die nach Art.64 Abs. ↗
Hans-Hermann Schild	DE	ehe Schlussantrag von Generalanwalt Pikamae vom 16.3.2023, C- 26/22 und C-64/22, Schufa Holding AG, Rn. 50 ff. 30 Siehe insoweit Art. 64 DSGVO. 31 Siehe VG Wiesbaden, Urteil vom 19.7.2013 – 6 K 993/12.WI. 32 ABl. EU 7.12.2018, L 312, S. 14. ↗
Cdiscount	FR	utcome of the referral and therefore apply a harmonized interpretation of the GDPR across Europe. 4. The existing mechanism under article 64(2) of the GDPR, by which DPAs can request from the EDPB to examine and give its opinion on any matter of general applic ↗
Bundesverband Digitale Wirtschaft (BVDW) e.V.	DE	uropäische Datenschutzausschuss aber auch ein eigen geschaffenes Problem. Die DSGVO gibt dem Europäischen Datenschutzausschuss in Artikel 64 Abs. 2 auch die Möglichkeit eine sogenannte „fakultative“ Stellungnahme abzugeben, wenn eine Datenschutzbehörde oder di ↗
United Internet AG \| 1&1	DE	owever, harmonization must not prohibit data protection authorities from examining supervisory arguments in general. According to Article 64(2), the European Data Protection Board may offer views on issues that are "generally applicable" or have an effect on m ↗
David BARNARD-WILLS	GB	pecify the arrangements for the exchange of information by electronic means, in particular the standardised format referred to in Article 64.124 The platform should constitute a secure, well-designed and efficient system designed to allow the flow of informati ↗
Internet Corporation for Assigned Names and Numbers	US	DPB about such inconsistencies would therefore contribute to a more effective implementation of the GDPR. Therefore, the scope of Art. 64 (2) of the GDPR should be broadened to also allow interested parties to ask the EDPB to examine specific issues. ICANN is ↗
SRIW & SCOPE Europe	DE	nment of core principles related to mon- itoring. A second procedural aspect that creates some confusion in the market relates to Art. 64.3 GDPR, stating that an opinion of the EDPB on the approval of a code of conduct “shall be adopted within eight weeks”. It ↗
DIGITALEUROPE	BE	A fails to comply with the obligations under Arts 61 or 62. 11 Art. 8 GDPR 12 See, for example, Art. 85(2) GDPR 13 Art. 9 GDPR 14 Art. 64(2) GDPR 8 Differing interpretations Harmonisation of the GDPR across all Member States can be achieved through cooperation ↗
Deutsche Telekom AG	DE	ct on the cost-effectiveness of business models and could therefore also compromise the intended "level playing field." Solution: Article 64 (2) GDPR is worded as follows: "Any supervisory authority, the Chair of the Board or the Commission may request within ↗
McAfee	BE	tive-eu-2015-2366_en. © 2019 Law Business Research Ltd Infosec and EU Privacy Requirements 6 remains unknown. Additionally, while Article 64 of the PSD2 provides that consent may be withdrawn by the payer at any time, but no later than at the moment of irrevoc ↗

Source: public consultation submissions and position papers. n = 11 mentions; counted as a literal reference to the article number.

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