Source: OJ L 119, 4.5.2016, pp. 1–88 · Consolidated textCurrent language: EN
- General data protection
Basic legislative acts
- GDPR regulation
Article 68 European Data Protection Board
Summary What does Article 68 of the GDPR regulation say?
This is a foundational article that formally establishes the European Data Protection Board (the Board) as an official body of the Union with its own legal personality.
It sets out the basic composition and structure of the Board, detailing who sits on it, how it is represented, and the role of the Commission in its activities.
The Board is built from the heads of national supervisory authorities across all Member States alongside the European Data Protection Supervisor, making it an institution that bridges national and Union-level data protection oversight.
Important points:
- The European Data Protection Board is formally established as a Union body with legal personality, composed of the head of one supervisory authority per Member State and the European Data Protection Supervisor.
- The Commission may participate in Board activities and meetings but holds no voting rights.
- The European Data Protection Supervisor's voting rights are restricted to decisions concerning principles and rules applicable to Union institutions, bodies, offices, and agencies.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
The European Data Protection Board (the ‘Board’) is hereby established as a body of the Union and shall have legal personality.
The Board shall be represented by its Chair.
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.
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.
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.
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
Recital 139 Establishing and composing the Board
In order to promote the consistent application of this Regulation, the Board should be set up as an independent body of the Union. To fulfil its objectives, the Board should have legal personality. The Board should be represented by its Chair. It should replace the Working Party on the Protection of Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of the head of a supervisory authority of each Member State and the European Data Protection Supervisor or their respective representatives. The Commission should participate in the Board's activities without voting rights and the European Data Protection Supervisor should have specific voting rights. The Board should contribute to the consistent application of this Regulation throughout the Union, including by advising the Commission, in particular on the level of protection in third countries or international organisations, and promoting cooperation of the supervisory authorities throughout the Union. The Board should act independently when performing its tasks.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
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processing
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controller
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processor
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representative
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international organisation
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supervisory authority
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personal data