Art. 63 Consistency mechanism | GDPR regulation | GDPR

This is a notably brief article that serves primarily as an introductory framing provision for the consistency mechanism, a key cooperative tool established under the GDPR.

Rather than setting out detailed rules itself, it acts as a gateway to the broader Section that follows, anchoring the obligation of supervisory authorities to work together and with the Commission in pursuit of uniform application of the Regulation across all Member States.

Important points:

Supervisory authorities are required to cooperate with each other and, where relevant, with the Commission through the consistency mechanism.
The consistency mechanism is the designated framework for achieving uniform application of the Regulation across the Union.
This article does not stand alone — it introduces and grounds the detailed procedural rules set out in the subsequent articles of this Section.

Relevant provisions

Visualisation of which provisions are relevant to a given recital.

In order to ensure the consistent application of this Regulation throughout the Union, a consistency mechanism for cooperation between the supervisory authorities should be established. That mechanism should in particular apply where a supervisory authority intends to adopt a measure intended to produce legal effects as regards processing operations which substantially affect a significant number of data subjects in several Member States. It should also apply where any supervisory authority concerned or the Commission requests that such matter should be handled in the consistency mechanism. That mechanism should be without prejudice to any measures that the Commission may take in the exercise of its powers under the Treaties.

The application of such mechanism should be a condition for the lawfulness of a measure intended to produce legal effects by a supervisory authority in those cases where its application is mandatory. In other cases of cross-border relevance, the cooperation mechanism between the lead supervisory authority and supervisory authorities concerned should be applied and mutual assistance and joint operations might be carried out between the supervisory authorities concerned on a bilateral or multilateral basis without triggering the consistency mechanism.

Article 63 Consistency mechanism

Relevant recitals