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CHAPTER VII Cooperation and consistancy Section 3 European data protection board
68. European Data Protection Board
The European Data Protection Board (the ‘Board’) is hereby established as a body of the Union and shall have legal personality.
The Board shall be represented by its Chair.
The Board shall be composed of the head of one supervisory authority‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 GDPR Article 4 Paragraph 21 of each Member State and of the European Data Protection Supervisor, or their respective representative‘representative’ means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation GDPR Article 4 Paragraph 17s.
Where in a Member State more than one supervisory authority‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 GDPR Article 4 Paragraph 21 is responsible for monitoring the application of the provisions pursuant to this Regulation, a joint representative‘representative’ means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation GDPR Article 4 Paragraph 17 shall be appointed in accordance with that Member State’s law.
The Commission shall have the right to participate in the activities and meetings of the Board without voting right. The Commission shall designate a representative‘representative’ means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation GDPR Article 4 Paragraph 17. The Chair of the Board shall communicate to the Commission the activities of the Board.
In the cases referred to in Article 65, the European Data Protection Supervisor shall have voting rights only on decisions which concern principles and rules applicable to the Union institutions, bodies, offices and agencies which correspond in substance to those of this Regulation.
Recitals
Recital 139
In order to promote the consistent application of this Regulation, the Board should be set up as an independent body of the Union. To fulfil its objectives, the Board should have legal personality. The Board should be represented by its Chair. It should replace the Working Party on the Protection of Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of the head of a supervisory authority‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 GDPR Article 4 Paragraph 21 of each Member State and the European Data Protection Supervisor or their respective representative‘representative’ means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation GDPR Article 4 Paragraph 17s. The Commission should participate in the Board’s activities without voting rights and the European Data Protection Supervisor should have specific voting rights. The Board should contribute to the consistent application of this Regulation throughout the Union, including by advising the Commission, in particular on the level of protection in third countries or international organisation‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries GDPR Article 4 Paragraph 26s, and promoting cooperation of the supervisory authorities throughout the Union. The Board should act independently when performing its tasks.