Source: OJ L 119, 4.5.2016, pp. 1–88 · Consolidated textCurrent language: EN
- General data protection
Basic legislative acts
- GDPR regulation
Article 92 Exercise of the delegation
Summary What does Article 92 of the GDPR regulation say?
This article establishes the framework governing the Commission's power to adopt delegated acts under the regulation.
It connects directly to Article 12(8) and Article 43(8), which are the specific provisions that empower the Commission to act.
The article sets out the conditions under which that delegated power is granted, how it can be checked, and the process by which a delegated act actually comes into force, ensuring that both the European Parliament and the Council retain oversight and control throughout.
Important points:
- The Commission is granted the power to adopt delegated acts for an indeterminate period from 24 May 2016, specifically in relation to Article 12(8) and Article 43(8).
- The European Parliament and the Council may revoke this delegation of power at any time, though any delegated acts already in force remain valid.
- A delegated act only enters into force if neither the European Parliament nor the Council objects within three months of notification, a period which either institution may extend by a further three months.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
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.
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.
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
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.
Relevant recitals
Recital 166 Delegated acts under Article 290
In order to fulfil the objectives of this Regulation, namely to protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data and to ensure the free movement of personal data within the Union, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission. In particular, delegated acts should be adopted in respect of criteria and requirements for certification mechanisms, information to be presented by standardised icons and procedures for providing such icons. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
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.
Definition
personal data