Article 64 GDPR
Opinion of the European Data Protection Board

1. The European Data Protection Board shall issue an opinion when the competent supervisory authority intends to adopt a measure listed below. For this purpose, the competent supervisory authority shall notify the European Data Protection Board of a draft decision regarding:

(a) the adoption, pursuant to Article 35(4), of a list of processing operations subject to the requirement to carry out a data protection impact assessment;

(b) determining, in accordance with Article 40(7), whether a draft code of conduct, an amendment to a code, or an extension of its scope complies with this Regulation;

(c)

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approval of the accreditation requirements for an entity pursuant to Article 41(3) or for a certification body pursuant to Article 43(3), or of the certification criteria referred to in Article 42(5);

(d) establishing standard data protection clauses as referred to in Article 46(2)(d) and Article 28(8);

(e) to grant approval for the contractual terms referred to in Article 46(3); or

(f) the approval of binding corporate rules within the meaning of Article 47.

2. Any supervisory authority, the Chair of the European Data Protection Board, or the Commission may request that the European Data Protection Board examine a matter of general interest or one that has implications in more than one Member State, in particular where a competent supervisory authority fails to fulfill its obligations regarding mutual assistance under Article 61 or joint operations under Article 62.

3. In the cases referred to in paragraphs 1 and 2, the European Data Protection Board shall issue an opinion on the matter submitted to it, unless it has already issued an opinion on the same matter. The European Data Protection Board shall adopt this opinion within eight weeks by a simple majority of its members. Due to the complex nature of the case, this deadline may be extended by six weeks. With regard to the draft decision referred to in paragraph 1 and which has been communicated to the members of the European Data Protection Board in accordance with paragraph 5, a member who has not objected within a reasonable period of time indicated by the chairman shall be deemed to agree with the draft.

4. The supervisory authorities and the Commission shall, without undue delay, electronically transmit to the European Data Protection Board, in a standard format, all relevant information, including, as appropriate, a summary of the facts, the draft decision, the reasons supporting the need for such a measure, and the opinion of the other supervisory authorities concerned.

5. The Chairman of the European Data Protection Board shall transmit electronically without undue delay:

(a) to the members of the European Data Protection Board and the Commission any relevant information received in a standard format; where necessary, the Secretariat of the European Data Protection Board shall provide interpretation of the relevant information; and

(b) the supervisory authority referred to in paragraphs 1 and 2, as the case may be, and the Commission, which shall also give its opinion to the public.

6.

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The competent supervisory authority referred to in paragraph 1 shall not adopt the draft decision before the expiry of the time limit referred to in paragraph 3.

7.

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The competent supervisory authority referred to in paragraph 1 shall take the utmost account of the opinion of the European Data Protection Board and, within two weeks of receiving that opinion, shall inform the Chair of the European Data Protection Board by electronic means whether it maintains the draft decision or amends it, and, where applicable, shall provide the Chair of the European Data Protection Board with the amended draft decision in a standard format.

8.

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If, within the time limit referred to in paragraph 7 of this Article, the competent supervisory authority referred to in paragraph 1 informs the Chair of the European Data Protection Board that it does not intend to comply with all or part of its opinion, providing appropriate justification, Article 65(1) shall apply.