Rina Steenkamp - Privacy and technology

My annotated General Data Protection Regulation

Chapter VII Co-operation and consistency

Section 2 Consistency

Article 63 Enforcement

October 2013

Article 63(1)

1. For the purposes of this Regulation, an enforceable measure of the supervisory authority of one Member State shall be enforced in all Member States concerned.

Article 63(2)

2. Where a supervisory authority does not submit a draft measure to the consistency mechanism in breach of Article 58(1) and (2) or adopts a measure despite an indication of serious objection pursuant to Article 58a(1), the measure of the supervisory authority shall not be legally valid and enforceable.

[Source: October 2013]

Recital 109

(109) The application of this mechanism should be a condition for the legal validity and enforcement of the respective decision by a supervisory authority. In other cases of cross-border relevance, mutual assistance and joint investigations might be carried out between the concerned supervisory authorities on a bilateral or multilateral basis without triggering the consistency mechanism.

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

January 2012

Explanatory memorandum

3.4. Detailed explanation of the proposal

Article 63 provides the obligation to enforce measures of a supervisory authority in all Member States concerned, and sets out that the application of the consistency mechanism is a precondition for the legal validity and enforcement of the respective measure.

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

Article 63(1)

1. For the purposes of this Regulation, an enforceable measure of the supervisory authority of one Member State shall be enforced in all Member States concerned.

Article 63(2) [Amended: October 2013]

2. Where a supervisory authority does not submit a draft measure to the consistency mechanism in breach of Article 58(1) to (5), the measure of the supervisory authority shall not be legally valid and enforceable.

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

Recital 109

(109) The application of this mechanism should be a condition for the legal validity and enforcement of the respective decision by a supervisory authority. In other cases of cross-border relevance, mutual assistance and joint investigations might be carried out between the concerned supervisory authorities on a bilateral or multilateral basis without triggering the consistency mechanism.

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