Recital 136

In applying the consistency mechanism, the Board should, within a determined period of time, issue an opinion, if a majority of its members so decides or if so requested by any supervisory authority concerned or the Commission. The Board should also be empowered to adopt legally binding decisions where there are disputes between supervisory authorities. For that purpose, it should issue, in principle by a two-thirds majority of its members, legally binding decisions in clearly specified cases where there are conflicting views among supervisory authorities, in particular in the cooperation mechanism between the lead supervisory authority and supervisory authorities concerned on the merits of the case, in particular whether there is an infringement of this Regulation.

This recital of the General Data Protection Regulation clarifies article 64 GDPR (Opinion of the Board) and article 70 GDPR (Tasks of the Board).*

* The reference between articles and recitals is based on the professional assessment of activeMind.legal.

Articles of the GDPR

CHAPTER X – Delegated acts and implementing acts (Art. 92 – 93)