Provisions related to Delegation under GDPR

Chapter 10 of GDPR deals with the exercise of the delegation. In normal general meaning delegation means “a Deputation or entrusting one’s act to another”. The rational understanding regarding delegations are dealt and read under the Administrative law. For effective implementation of rules , regulations or any enactment, delegation of powers play a very pivotal role.    

Article 92 of GDPR states the following things-

1) The power to adopt delegated acts conferred on the Commission subject to the conditions laid down in article 92. 

2) The delegation power referred under article 12 (8) and 43 (8) must be conferred on the Commission for an indeterminate period of time from 24th May 2016 and the same power may be revoked at any time by European Parliament or by the Council. 

3) A decision of revocation must put an end to the delegation of powers specified in that decision. It shall take effect the day following that of its publication in the Official Journal of European Union or at a later date spepcifed therein. It must not affect the validity of any delegated acts already in force.    

4) As soon as the Commission adopts a delegated act, the commission must notify it simultaneously to the European Parliament and to the Council.  

5) A delegated act adopted pursuant to article 12 (8) and 43 (8) shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of 3 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. The period shall be extended by 3 months at the initiative of the European parliament or of the Council.     

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