Under GDPR article 64 the Board is mandated to issue an opinion whereby a competent supervisory authority intends to adopt any measures as mentioned in this article and to that end, the competent supervisory authority must communicate the draft decision to the board in the following situations-
- When it aims to adopt a list of the processing operations subject to the requirement for a data protection impact assessment;
- When it concerns a matter pursuant to art. 40(7) whether a draft code of conduct or an amendment or extension to a code of conduct complies with GDPR;
- Aims to prove the requirements for accreditation of a body pursuant to article 41(3), certification body pursuant to 43(3), or the criteria for certification referred to in art. 42(5);
- Aims to determine standard data protection clauses;
- Aims to authorise contractual clauses; or
- Aims to approve binding corporate rules within the meaning u/art.47.
Section 64 further states that the chair of the Board or the Commission may request that any matter of general applications or producing effects in more than one member states be examined by the Board with a view to obtaining an opinion, particularly where competent supervisory authority does not comply with the obligations for mutual assistance as provided u/art.61 of the GDPR. if the opinion has already not been issued on the same matter by the Board then it must issue an opinion to it and the opinion must be adopted within 8 weeks by simple majority of the members of the Board although further extension may be granted by 6 weeks, taking into account the complexity of the subject matter.
Thereafter, supervisory authorities and the commission must, without undue delay, communicate by electronic means to the board, using a standardised format any relevant information like summary of the facts, the draft decision, the ground which makes the enactment of such measure necessary, and the views of other supervisory authorities concerned.
Subsequently, the chair of the Board must, without undue delay, inform by electronic means of any relevant information communicated to it by using a standardised format and where necessary rovde the translation of relevant information and the same shall be made public.
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