1. By 25 May 2020 and every four years thereafter, the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. The reports shall be made public.
Article 97 GDPR - Commission reports
2. In the context of the evaluations and reviews referred to in paragraph 1, the Commission shall examine, in particular, the application and functioning of:
(a) Chapter V on the transfer of personal data to third countries or international organisations with particular regard to decisions adopted pursuant to Article 45(3) of this Regulation and decisions adopted on the basis of Article 25(6) of Directive 95/46/EC;
(b) Chapter VII on cooperation and consistency.
3. For the purpose of paragraph 1, the Commission may request information from Member States and supervisory authorities.
4. In carrying out the evaluations and reviews referred to in paragraphs 1 and 2, the Commission shall take into account the positions and findings of the European Parliament, of the Council, and of other relevant bodies or sources.
5. The Commission shall, if necessary, submit appropriate proposals to amend this Regulation, in particular taking into account of developments in information technology and in the light of the state of progress in the information society.
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.
Paragraph 1 obliges the Commission to submit a report on the evaluation and review of the Regulation to the European Parliament and the Council by 25 May 2020 and every four years thereafter. The reports must be made public.
Paragraph 2 singles out Chapter V on transfers to third countries and international organisations, with particular regard to adequacy decisions adopted under Article 45(3) and to decisions adopted on the basis of Article 25(6) of Directive 95/46/EC, and Chapter VII on cooperation and consistency.
Paragraph 3 allows it to request information from Member States and supervisory authorities, and paragraph 4 requires it to take into account the positions and findings of the European Parliament, of the Council and of other relevant bodies or sources.
Yes. Paragraph 5 requires the Commission, if necessary, to submit appropriate proposals to amend the Regulation, in particular taking into account developments in information technology and the state of progress in the information society.
No. Article 45(3) requires each adequacy decision to provide for its own periodic review at least every four years, and Article 45(4) obliges the Commission to monitor developments in third countries on an ongoing basis, whereas Article 97 is a general evaluation of the whole Regulation that merely pays particular regard to those decisions.