Article 75
Secretariat
Chapter 7
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European Data Protection Board
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đ 4 min read
1. The Board shall have a secretariat, which shall be provided by the European Data Protection Supervisor.
2. The secretariat shall perform its tasks exclusively under the instructions of the Chair of the Board.
3. The staff of the European Data Protection Supervisor involved in carrying out the tasks conferred on the Board by this Regulation shall be subject to separate reporting lines from the staff involved in carrying out tasks conferred on the European Data Protection Supervisor.
4. Where appropriate, the Board and the European Data Protection Supervisor shall establish and publish a Memorandum of Understanding implementing this Article, determining the terms of their cooperation, and applicable to the staff of the European Data Protection Supervisor involved in carrying out the tasks conferred on the Board by this Regulation.
5. The secretariat shall provide analytical, administrative and logistical support to the Board.
6. The secretariat shall be responsible in particular for:
- (a) the day-to-day business of the Board;
- (b) communication between the members of the Board, its Chair and the Commission;
- (c) communication with other institutions and the public;
- (d) the use of electronic means for the internal and external communication;
- (e) the translation of relevant information;
- (f) the preparation and follow-up of the meetings of the Board;
- (g) the preparation, drafting and publication of opinions, decisions on the settlement of disputes between supervisory authorities and other texts adopted by the Board.
Understanding This Article
Article 75 establishes the Board's secretariat as its professional staff support structure, addressing the practical reality that Board members (supervisory authority heads) cannot personally handle all administrative, analytical, and coordination work required for the Board's extensive Article 70 tasks.
The secretariat being provided by the European Data Protection Supervisor (paragraph 1) is pragmatic and cost-effective. Rather than creating a entirely new EU agency with separate infrastructure, recruitment, and budget processes, the Board uses existing EDPS staff resources. The EDPS already has Brussels-based staff with data protection expertise, administrative capacity, and EU institutional knowledge. This arrangement leverages existing infrastructure while maintaining the Board's distinct identity and independence.
However, paragraph 2's crucial provisionâthe secretariat works "exclusively under the instructions of the Chair of the Board"âprotects the Board's independence. While EDPS staff form the secretariat, they answer to the Board Chair when performing Board functions, not to the EDPS as their parent institution. This prevents the EDPS (a Board member per Article 68(3)) from controlling the Board's operations or gaining undue influence through secretariat control.
Paragraph 3 reinforces this independence through separate reporting lines. EDPS staff assigned to the Board secretariat must maintain clear organizational separation from staff handling EDPS's supervisory responsibilities (overseeing EU institutions' data processing). This prevents conflicts of interestâfor example, if the Board handles matters affecting EU institutions, secretariat staff must not be influenced by their colleagues' EDPS responsibilities. Separate reporting prevents information leakage and conflicting loyalties.
The Memorandum of Understanding (paragraph 4) formalizes these arrangements, specifying: how many EDPS staff are assigned to the Board, their professional qualifications, cost allocation, reporting structures, confidentiality protocols, access to EDPS resources (facilities, IT systems, legal services), and dispute resolution mechanisms. Publishing the MoU ensures transparency about Board-EDPS arrangements.
Paragraph 5's support functionsâanalytical, administrative, logisticalâspan the Board's full range of needs. Analytical support includes legal research, drafting opinions and guidelines, case analysis, policy research, and data analysis. Administrative support covers meeting organization, document management, correspondence, file maintenance, and budget administration. Logistical support involves travel arrangements, translation coordination, event organization, and facility management.
Paragraph 6's specific responsibilities illustrate secretariat work's scope. Day-to-day business (point a) includes responding to inquiries, managing incoming cases, maintaining case files, and coordinating with authorities. Communications (points b, c, d) involve liaising with Board members, managing the Board's website, handling media requests, coordinating with EU institutions, maintaining information systems, and facilitating electronic communications. Translation (point e) is substantialâwith 24 EU languages, ensuring key documents are accessible requires significant translation resources. Meeting support (point f) includes scheduling, preparing background materials, drafting minutes, and coordinating follow-up actions. Document production (point g) involves drafting opinions, decisions, and other texts for Board approval, editing, and publishing final versions.
The secretariat's quality directly affects Board effectiveness. Competent, well-resourced staff enable the Board to meet tight deadlines, produce high-quality outputs, and coordinate effectively with dozens of supervisory authorities. Inadequate secretariat would hobble the Board regardless of members' expertise. The Article 75 arrangements aim to provide professional secretariat support while maintaining clear accountability to the Board Chair rather than the EDPS.