Source: OJ L 119, 4.5.2016, pp. 1–88 · Consolidated textCurrent language: EN
- General data protection
Basic legislative acts
- GDPR regulation
Article 97 Commission reports
Summary What does Article 97 of the GDPR regulation say?
This article establishes a periodic review mechanism for the GDPR, placing the obligation squarely on the Commission to evaluate how the Regulation is functioning and report its findings to the European Parliament and the Council.
The review process is not a box-ticking exercise — it has a defined scope, requires input from Member States and supervisory authorities, and can lead to proposals to amend the Regulation itself.
Important points:
- The Commission is required to submit an evaluation report every four years, starting 25 May 2020, and these reports must be made public.
- The reviews must specifically examine the functioning of rules on international data transfers (Chapter V) and the cooperation and consistency mechanism (Chapter VII).
- The Commission may propose amendments to the Regulation on the back of these reviews, taking into account developments in information technology and the information society.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
By 25 May 2020 and every four years thereafter, the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. The reports shall be made public.
In the context of the evaluations and reviews referred to in paragraph 1, the Commission shall examine, in particular, the application and functioning of:
Chapter V on the transfer of personal data to third countries or international organisations with particular regard to decisions adopted pursuant to Article 45(3) of this Regulation and decisions adopted on the basis of Article 25(6) of Directive 95/46/EC;
Chapter VII on cooperation and consistency.
For the purpose of paragraph 1, the Commission may request information from Member States and supervisory authorities.
In carrying out the evaluations and reviews referred to in paragraphs 1 and 2, the Commission shall take into account the positions and findings of the European Parliament, of the Council, and of other relevant bodies or sources.
The Commission shall, if necessary, submit appropriate proposals to amend this Regulation, in particular taking into account of developments in information technology and in the light of the state of progress in the information society.
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
international organisation
Definition
supervisory authority
Definition
personal data