1. The European Data Protection Board (the ‘Board’) is hereby established as a body of the Union and shall have legal personality.
Article 68 GDPR - European Data Protection Board
2. The Board shall be represented by its Chair.
3. The Board shall be composed of the head of one supervisory authority of each Member State and of the European Data Protection Supervisor, or their respective representatives.
4. Where in a Member State more than one supervisory authority is responsible for monitoring the application of the provisions pursuant to this Regulation, a joint representative shall be appointed in accordance with that Member State's law.
5. The Commission shall have the right to participate in the activities and meetings of the Board without voting right. The Commission shall designate a representative. The Chair of the Board shall communicate to the Commission the activities of the Board.
6. In the cases referred to in Article 65, the European Data Protection Supervisor shall have voting rights only on decisions which concern principles and rules applicable to the Union institutions, bodies, offices and agencies which correspond in substance to those of this Regulation.
Relevant Recitals
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
Article 68(1) establishes the Board as a body of the Union with legal personality, and under paragraph 2 it is represented by its Chair. Its legal personality distinguishes it from its predecessor advisory working party and enables it to adopt the binding decisions provided for in Article 65.
Under Article 68(3), the Board is composed of the head of one supervisory authority of each Member State and of the European Data Protection Supervisor, or their respective representatives.
Where more than one supervisory authority in a Member State is responsible for monitoring the application of the Regulation, Article 68(4) requires the appointment of a joint representative in accordance with that Member State's law, so each Member State speaks with a single voice on the Board.
The Commission has the right to participate in the activities and meetings of the Board without voting rights and designates a representative for that purpose under Article 68(5). The Chair must communicate the activities of the Board to the Commission, which keeps the Commission informed without giving it a vote.
In the cases referred to in Article 65, Article 68(6) limits the Supervisor's voting rights to decisions concerning principles and rules applicable to the Union institutions, bodies, offices and agencies which correspond in substance to those of the Regulation. In other Article 65 disputes the Supervisor sits without a vote.