Article 74 GDPR - Tasks of the Chair
Relevant Recitals
No relevant recitals listed.
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
Under paragraph 1 the Chair convenes the meetings of the Board and prepares its agenda, notifies decisions adopted pursuant to Article 65 to the lead supervisory authority and the supervisory authorities concerned, and ensures the timely performance of the Board's tasks, in particular in relation to the consistency mechanism referred to in Article 63.
The notification required by point (b) of paragraph 1 sets the follow-up machinery of Article 65 in motion. Article 65(5) obliges the Chair to notify the dispute-resolution decision without undue delay, and under Article 65(6) the lead supervisory authority must adopt its final decision within one month after the Board has notified its decision.
Article 74 does not divide them itself. Paragraph 2 leaves the allocation of tasks between the Chair and the deputy chairs to the Board's rules of procedure, which the Board adopts by a two-thirds majority under Article 72(2).
Point (c) of paragraph 1 makes the Chair the guardian of timeliness, singling out the consistency mechanism of Article 63. The point of this is that the mechanism runs on strict deadlines, such as the eight weeks for an opinion under Article 64(3) and the one month, extendable by a further month, for a binding decision under Article 65(2) and (3).
No. The tasks in paragraph 1 are procedural and organisational, while substantive acts such as opinions under Article 64 and binding decisions under Article 65 are adopted by the Board as a body. The Chair does, however, direct the secretariat, which under Article 75(2) performs its tasks exclusively under the Chair's instructions.