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ePrivacy Regulation Proposal Article 19

European Data Protection Board

  1. The European Data Protection Board, established under Article 68 of Regulation (EU) 2016/679, shall have competence to ensure the consistent application of Chapter II of this Regulation.
  2. For the purposes of this Regulation, the Board shall have the following tasks:
    (a) advise the Commission on any proposed amendment of this Regulation;
    (b) examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation in relation to Chapter II and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;
    (c) draw up guidelines for supervisory authorities referred to in paragraph 1 of Article 18 in relation to their powers as laid down in Article 58 of Regulation (EU) 2016/679 and setting of administrative fines pursuant to Article 23 of this Regulation;
    (d) issue guidelines, recommendations and best practices in accordance with point (b) of this paragraph for establishing common procedures for reporting by end-users of infringements of this Regulation regarding rules laid down in paragraph 2 of Article 54 of Regulation (EU) 2016/679;
    (e) [provide the Commission with an opinion on the icons referred to in paragraph 3 of Article 8];
    (f) promote the cooperation and effective bilateral and multilateral exchange of information and best practices between the supervisory authorities referred to in paragraph 1 of Article 18;
    (g) promote common training programmes and facilitate personnel exchanges between the supervisory authorities referred to in paragraph 1 of Article 18 and, where appropriate, with the supervisory authorities of third countries or with international organisations;
    (h) promote the exchange of knowledge and documentation on legislation on protection of electronic communications of end-users and of the integrity of their terminal equipment as laid down in Chapter II and practice relevant supervisory authorities world wide;
    (i) maintain a publicly accessible electronic register of decisions taken by supervisory authorities referred to in paragraph 1 o fArticle 18 and courts on issues handled in the consistency mechanism.
  3. Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
  4. The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and make them public.
  5. The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall, without prejudice to Article 76 of Regulation (EU) 2016/679, make the result of the consultation procedures publicly available.

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