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

Article 69 Indépendance

Summary What does Article 69 of the GDPR regulation say?

This short but important article establishes the independence of the European Data Protection Board (the Board) in how it carries out its functions.

It directly complements Articles 70 and 71, which set out the Board's tasks and reporting obligations, by making clear that the Board operates free from external direction when performing those tasks.

The one notable carve-out is that the Commission retains the ability to make requests of the Board as provided for under Article 70, but even this does not amount to the ability to instruct the Board.

Important points:

The European Data Protection Board is required to act independently when performing its tasks or exercising its powers.
The Board shall neither seek nor take instructions from anybody in the performance of its functions.
The Commission may make requests to the Board under Article 70, but this is explicitly distinguished from giving instructions.

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

1. Le comité exerce les missions et les pouvoirs qui lui sont conférés conformément aux articles 70 et 71 en toute indépendance.
▼C1ModificationCorrectedParagraph 2 corrected by a corrigendum to Regulation (EU) 2016/679. Published in the Official Journal 23 May 2018.▲
1. Sans préjudice des demandes de la Commission visées à l’article 70, paragraphes 1 et 2, le comité ne sollicite ni n’accepte d’instructions de quiconque dans l’exercice de ses missions et de ses pouvoirs.

Table of contents

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.