Rina Steenkamp - Privacy and technology

My annotated General Data Protection Regulation

Chapter VII Co-operation and consistency

Section 2 Consistency

Article 57 Consistency mechanism

October 2013

Article 57

For the purposes set out in Article 46(1), the supervisory authorities shall co-operate with each other and the Commission through the consistency mechanism both on matters of general scope and in individual cases in accordance with the provisions of this section.

[Source: October 2013]

Recital 105

(105) In order to ensure the consistent application of this Regulation throughout the Union, a consistency mechanism for co-operation between the supervisory authorities themselves and the Commission should be established. This mechanism should in particular apply where a supervisory authority intends to take a measure as regards processing operations that are related to the offering of goods or services to data subjects in several Member States, or to the monitoring of such data subjects, or that might substantially affect the free flow of personal data. It should also apply where any supervisory authority or the Commission requests that the matter should be dealt with in the consistency mechanism. Furthermore, the data subjects should have the right to obtain consistency, if they deem a measure by a Data Protection Authority of a Member State has not fulfilled this criterion. This mechanism should be without prejudice to any measures that the Commission may take in the exercise of its powers under the Treaties.

[Source: October 2013 | Notes: Recitals | Context: Recitals]

January 2012

Explanatory memorandum

3.4. Detailed explanation of the proposal

Article 57 introduces a consistency mechanism for ensuring unity of application in relation to processing operations which may concern data subjects in several Member States.

[Source: January 2012 | Context: Proposal from the European Commission]

Article 57 [Amended: October 2013]

For the purposes set out in Article 46(1), the supervisory authorities shall co-operate with each other and the Commission through the consistency mechanism as set out in this section.

[Source: January 2012 | Context: Proposal from the European Commission]

Recital 105 [Amended: October 2013]

(105) In order to ensure the consistent application of this Regulation throughout the Union, a consistency mechanism for co-operation between the supervisory authorities themselves and the Commission should be established. This mechanism should in particular apply where a supervisory authority intends to take a measure as regards processing operations that are related to the offering of goods or services to data subjects in several Member States, , or to the monitoring such data subjects, or that might substantially affect the free flow of personal data. It should also apply where any supervisory authority or the Commission requests that the matter should be dealt with in the consistency mechanism. This mechanism should be without prejudice to any measures that the Commission may take in the exercise of its powers under the Treaties.

[Source: January 2012 | Notes: Recitals | Context: Proposal from the European Commission, Recitals]