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The European Data Protection Board (EDPB): tasks and more, Lecture 1

The European Data Protection Board (EDPB): tasks and more

All this work, done with several subgroups, was thus part of the transitional period between the old Directive and the GDPR and between the WP29, acting as the EDPB. The work to do during this transitional period was adopted on February 2nd, 2016.

The Article 29 Working Party also had two years in order to become the European Data Protection Board (and in the meantime indeed act as such).

We could point to the duties of the WP29 but there is no sense in doing so as the EDPB is already here. What you do need to remember though is that it’s not just important to check out those guidelines (which, as you could read also belong to the tasks of the European Data Protection Board) and that, just as the WP29 was involved in the predecessor of the GDPR it was also involved in the predecessor of the mentioned coming ePrivacy Regulation.

So, back, or better, forward, to the European Data Protection Board, which plays a key role in both the GDPR and that ePrivacy Regulation, which was voted by the European Parliament in October 2017.

The European Data Protection Board, among others, examines question covering the application of the GDPR and issues guidelines, recommendations and best practices in order to encourage its consistent application.

The European Data Protection Board itself, as well as its independence, Chair and far more are covered in Section 3 of the GDPR text.

That Section, aptly called ‘Section 3; European data protection board’, starts with Article 68 of the GDPR but the probably most important Article regarding the EDPB is Article 70 of the GDPR which describes the tasks of the board.

The change from WP29 to EDPB isn’t just a name change. There has been quite some restructuring going on and the role of the European Data Protection Board is more important. In that restructuring there is also a more important role for those DPAs.

One of the parties in both WP29 and EDPB on top of the national DPAs is the European Data Protection Supervisor or EDPS (who goes over principles and rules which are applicable to EU bodies and has a voting right in matters regarding those in the EDPB). The European Data Protection Supervisor is also arranging for the Secretariat of the European Data Protection Board.