1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
Article 92 GDPR - Exercise of the delegation
2. The delegation of power referred to in Article 12(8) and Article 43(8) shall be conferred on the Commission for an indeterminate period of time from 24 May 2016.
3. The delegation of power referred to in Article 12(8) and Article 43(8) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to Article 12(8) and Article 43(8) shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
It lays down the conditions under which the Commission may exercise the power to adopt delegated acts conferred on it by the Regulation. It covers the duration of the delegation, its revocation, the notification of adopted acts and the objection rights of the European Parliament and the Council.
Only two provisions confer such power, namely Article 12(8) on the information to be presented by standardised icons and Article 43(8) on the requirements for certification mechanisms. Paragraph 2 confers the delegation for an indeterminate period from 24 May 2016.
Yes. Paragraph 3 allows the European Parliament or the Council to revoke the delegation at any time, with effect from the day following publication of the revocation decision in the Official Journal or a later specified date. Revocation does not affect the validity of delegated acts already in force.
Under paragraph 5 a delegated act enters into force only if neither institution objects within three months of notification, a period extendable by a further three months at the initiative of either of them. It may enter into force earlier if both institutions inform the Commission that they will not object.
Delegated acts under Article 92 supplement the Regulation and are policed by the Parliament and the Council through revocation and objection. Implementing acts, such as adequacy decisions under Article 45(3) or standard contractual clauses under Article 46(2)(c), ensure uniform application and are adopted under the committee procedure of Article 93, in which Member State representatives exercise control.