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GDPR — Article 70

The article's text

Article 70 Tasks of the Board 1. The Board shall ensure the consistent application of this Regulation. To that end, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular: (a) monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities; (b) advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation; (c) advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules; (d) issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in Article 17(2); (e) examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent a
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pplication of this Regulation; (f) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2); (g) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach; (h) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph as to the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of the natural persons referred to in Article 34(1). is likely to result in a high risk to the rights and freedoms of the natural persons referred to in Article 34(1). (i) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in Article 47; (j) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1); (k) draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83; of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83; (l) review the practical application of the guidelines, recommendations and best practices; (m) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2); (n) encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42; of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42; (o) approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7); (p) approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43; referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43; (q) provide the Commission with an opinion on the certification requirements referred to in Article 43(8); (r) provide the Commission with an opinion on the icons referred to in Article 12(7); (s) provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international organisation no longer ensures an adequate level of protection. sectors within that third country, or an international organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation. country, with regard to that third country, territory or specified sector, or with the international organisation. (t) issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66; (u) promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities; (v) promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations; (w) promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide. and documentation on data protection legislation and practice with data protection supervisory authorities worldwide. (x) issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and (y) maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism. 2. Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter. 3. The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public. and best practices to the Commission and to the committee referred to in Article 93 and make them public. 4. The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available.

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.

6
NGO
3
business association
2
?
1
other
1
consumer organisation
WhoCountryWhat they wrote
ASNEFESsupervisory approach is once again highlighted. The role played by the EDPB in supporting the practical application of the GDPR (art. 70) The guidelines adopted by the EDPB have been helpful in providing a common interpretation and understanding of the GDPR a ↗
Oplysningsforbundet May DayDKe amerikanske virksomheder under Privacy Shield-ordningen. Andre eksempler på ikke-overholdelse af GDPR i Danmark Af nedenstående artikel70 fremgår det, at det danske politi ulovligt opsamler persondata, når de fotograferer nummerplader på udvalgte strækninger ↗
Border Violence Monitoring NetworkDEs of Life. Available at: https://academic.oup.com/bjc/article/55/1/1/465595. 8 European Union Data Protection Regulation (EUDPR), Article 70 speaking in a language I didn’t understand, but I could understand that one of them, who was obviously a higher-ranking ↗
noybATes by referring to it in their final binding decisions and publishing guidance on its website (creating legitimate expectations). Article 70(1) GDPR. See the Meta case where the DCP wrote that it was bound by the EDPB guidelines. This is addressed by the Regul ↗
Irish Council for Civil LibertiesIE10. Deadlines for communication among supervisory authorities should be introduced to enable the EDPB to perform its function per Article 70(1)(a) of the GDPR. We have observed that when a lead supervisory authority fails to diligently inform other authorities ↗
International Society for Biological and Environmental Repositories (ISBER)USions and Answers on the interplay between the Clinical Trials Regulation (CTR) and the General Data Protection regulation (GDPR) (art. 70.1.b)) (adopted Jan. 23, 2019). ↗
IAB EuropeBEoard (EDPB) to a greater extent and following an inclusive consultation process that would yield a truly balanced interpretation. Article 70(4) GDPR establishes a procedure for the EDPB’s consulting interested parties and giving them the opportunity to comment ↗
Multi-Regional Clinical Trials Center of Harvard University and Brigham and Women’s HospitalUSions and Answers on the interplay between the Clinical Trials Regulation (CTR) and the General Data Protection regulation (GDPR) (art. 70.1.b)) (adopted Jan. 23, 2019). ↗
Gesamtverband der Deutschen Versicherungswirtschaft e.V.DEcompliance is done exclusively by the data protection supervisory authorities. 5. No excessive guidelines by the EDPB Pursuant to Article 70 GDPR, the European Data Protection Board (EDPB) shall be entitled to issue guidelines, recommendations and best practic ↗
Digitale Gesellschaft e.V.DEissues of Article 22 by issuing further guidance on automated decision-making pursuant to Article 70(1) lit. d. There is ample need to clarify, first, that the word “solely” in paragraph 1 cannot be interpreted in a way that a mere formal human intervention hi ↗
Internet Corporation for Assigned Names and NumbersUSn or producing effects in more than one Member State. For similar reasons, it should also be contemplated to broaden the scope of Art. 70 (1) (e) GDPR to also allow interested parties to ask the EDPB to examine questions covering the application of the GDPR. ↗
—ntries or international organisations, and promoting coopera- tion of supervisory authorities throughout the Union." According to Art. 70 GDPR the EDPB shall issue "guidelines, recommendations, and best practices". In practice, this leads to a con- fusing numb ↗
—According to Art 70.3 GDPR the "Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public." For the committee in Art 93 GDPR Art 5 and 8 of REGULATION ↗
Federation of German Consumer Associations (Verbraucherzentrale Bundesverband e.V. - vzbv)DErative fines:  Specification of the provisions on administrative fines through guidelines issued by the Board in accordance with Art. 70(1)(2)(k) GDPR; specification through non-binding catalogues on fines by the data protection authorities of the member stat ↗

Source: public consultation submissions and position papers. n = 14 mentions; counted as a literal reference to the article number.

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