Article 75 GDPR - Secretariat
Relevant Recitals
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
The European Data Protection Supervisor provides it under paragraph 1. Paragraph 2 nevertheless places the secretariat, when performing the Board's tasks, exclusively under the instructions of the Chair of the Board, not of the Supervisor.
Paragraph 3 requires the staff of the European Data Protection Supervisor involved in the Board's tasks to be subject to reporting lines separate from those of the staff carrying out the tasks conferred on the Supervisor. Paragraph 4 adds that, where appropriate, the Board and the Supervisor establish and publish a Memorandum of Understanding determining the terms of their cooperation and applicable to that staff.
Paragraph 5 describes it as analytical, administrative and logistical support. Paragraph 6 then makes the secretariat responsible in particular for the day-to-day business of the Board, communication amongst its members, with the Chair, the Commission, other institutions and the public, the use of electronic means of communication, translation, the preparation and follow-up of meetings, and the preparation, drafting and publication of the texts the Board adopts.
No. Paragraph 4 calls for one only where appropriate, although once concluded it must be published and it governs the position of the Supervisor's staff who carry out the tasks conferred on the Board by the Regulation.
Yes, in a supporting capacity. Point (g) of paragraph 6 charges it with the preparation, drafting and publication of decisions on the settlement of disputes between supervisory authorities, which are the binding decisions the Board adopts under Article 65, while the decision itself remains an act of the Board.