In order to contribute to the consistent application of this Regulation throughout the Union, the supervisory authorities shall cooperate with each other and, where relevant, with the Commission, through the consistency mechanism as set out in this Section.
Article 63 GDPR - Consistency mechanism
Relevant Recitals
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
It provides the framework through which supervisory authorities cooperate with each other and, where relevant, with the Commission in order to contribute to the consistent application of the Regulation throughout the Union. The mechanism itself is set out in the Section that follows, principally the opinion procedure of Article 64, the dispute resolution procedure of Article 65 and the urgency procedure of Article 66.
Because the Regulation is enforced by a plurality of national supervisory authorities, each competent on its own territory under Article 55, divergent interpretations could fragment its application. The mechanism channels matters of general application or with cross-border effects to the Board so that a single Union-level position emerges.
No. Article 63 involves the Commission only "where relevant" as a participant in cooperation, and under Articles 64(2) and 65 it may request opinions or receive information, but the opinions and binding decisions within the mechanism are adopted by the Board. The Board's own independence is guaranteed by Article 69.
The two operate in sequence. Article 60 seeks consensus between the lead authority and the authorities concerned in a specific case, and only where a relevant and reasoned objection is not followed does Article 60(4) refer the matter to the consistency mechanism, where Article 65(1)(a) provides for a binding decision of the Board. The mechanism also operates independently of any individual case for the measures listed in Article 64(1).
No. Article 63 is framed as an obligation, the authorities "shall cooperate" through the mechanism, and specific provisions reinforce it, such as the prohibition in Article 64(6) on adopting a draft decision while the Board's opinion is pending and the binding force of decisions under Article 65(2).