Source: OJ L 119, 4.5.2016, pp. 1–88 · Consolidated text

Article 93 Committee procedure

Summary What does Article 93 of the GDPR regulation say?

This is a short procedural article that establishes the committee framework supporting the Commission in its work under the GDPR.

It exists primarily as a technical mechanism, anchoring the Commission's decision-making processes to Regulation (EU) No 182/2011, which governs how EU committees operate and exercise control over the Commission's implementing powers.

Rather than setting out substantive data protection rules, it acts as an enabling provision referenced elsewhere in the GDPR whenever the Commission is empowered to adopt implementing acts.

Important points:

The Commission is assisted by a committee governed by Regulation (EU) No 182/2011.
The committee operates under the examination procedure set out in Article 5 of Regulation (EU) No 182/2011 where that paragraph is referenced.
Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5, applies where specifically referenced elsewhere in the GDPR.

Springlex's summary of the article is a reading aid, not a substitute for the legal text.

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
1. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
1. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

Relevant recitals

Recital 106 Monitoring and reviewing adequacy decisions

The Commission should monitor the functioning of decisions on the level of protection in a third country, a territory or specified sector within a third country, or an international organisation, and monitor the functioning of decisions adopted on the basis of Article 25(6) or Article 26(4) of Directive 95/46/EC. In its adequacy decisions, the Commission should provide for a periodic review mechanism of their functioning. That periodic review should be conducted in consultation with the third country or international organisation in question and take into account all relevant developments in the third country or international organisation. For the purposes of monitoring and of carrying out the periodic reviews, the Commission should take into consideration the views and findings of the European Parliament and of the Council as well as of other relevant bodies and sources. The Commission should evaluate, within a reasonable time, the functioning of the latter decisions and report any relevant findings to the Committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council(¹²) as established under this Regulation, to the European Parliament and to the Council.

Recital 167 Implementing powers for the Commission

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission when provided for by this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011. In that context, the Commission should consider specific measures for micro, small and medium-sized enterprises.

Recital 168 Examination procedure for implementing acts

The examination procedure should be used for the adoption of implementing acts on standard contractual clauses between controllers and processors and between processors; codes of conduct; technical standards and mechanisms for certification; the adequate level of protection afforded by a third country, a territory or a specified sector within that third country, or an international organisation; standard protection clauses; formats and procedures for the exchange of information by electronic means between controllers, processors and supervisory authorities for binding corporate rules; mutual assistance; and arrangements for the exchange of information by electronic means between supervisory authorities, and between supervisory authorities and the Board.

Recital 169 Urgent acts for adequacy findings

The Commission should adopt immediately applicable implementing acts where available evidence reveals that a third country, a territory or a specified sector within that third country, or an international organisation does not ensure an adequate level of protection, and imperative grounds of urgency so require.

Table of contents

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