Article 72 GDPR - Procedure

1. The Board shall take decisions by a simple majority of its members, unless otherwise provided for in this Regulation.
2. The Board shall adopt its own rules of procedure by a two-thirds majority of its members and organise its own operational arrangements.

Relevant Recitals

No relevant recitals listed.

Frequently Asked Questions

Short answers to common questions about this provision. They are general information and not legal advice.

Under Article 72(1), the Board takes decisions by a simple majority of its members, unless otherwise provided for in the Regulation. Simple majority is therefore the rule and qualified majorities the exception.

Article 72(2) requires a two-thirds majority for the adoption of the Board's rules of procedure, and Article 65(2) requires the same majority for binding dispute resolution decisions within the ordinary deadlines. Article 65(3) reverts to simple majority, with a casting vote of the Chair, where those deadlines have expired, and Article 66(4) prescribes simple majority for urgent opinions and urgent binding decisions.

Article 72(2) provides that the Board adopts its own rules of procedure and organises its own operational arrangements, so the Regulation leaves the detail of its working methods to the Board itself. This self-organisation is consistent with the independence guaranteed by Article 69.

The voting members are those who compose the Board under Article 68(3), namely the heads of one supervisory authority per Member State and the European Data Protection Supervisor or their representatives. The Supervisor's vote is restricted in Article 65 cases by Article 68(6) to decisions concerning rules applicable to the Union institutions that correspond in substance to the Regulation.

No. Article 68(5) grants the Commission only the right to participate in the activities and meetings of the Board without voting rights, so its representative can speak but never counts towards the majorities required by Article 72 or elsewhere.