Article 97
Commission reports

Official
Texts
Guidelines
& Caselaw
Review of
EU Regulation
Review of
Nat. Regulation

There is no recital in the Regulation related to article 97.

There is no recital in the Directive related to article 97.

The GDPR

Article 97 of the Regulation renews the task of evaluation and revision by the Commission that must submit assessment reports to the Parliament and the Council at regular intervals.  

The second paragraph specifies that the Commission report should examine in particular the application and operation:

- of Chapter V on the transfer of personal data and in particular the decisions finding an adequate level of protection in the non -EU third countries.

- of Chapter VII on cooperation and consistency (cooperation between the supervisory authorities, role and tasks of the European Data Protection Board...).

For this purpose, the Commission may request information from Member States and supervisory authorities (paragraph 3).

Therefore, every four years the Commission must present every reports on the assessment and the revision of the Regulation to the European Parliament and the Council. In carrying out the evaluations and reviews, the Commission shall take into account the positions and findings of the European Parliament, of the Council, and of other relevant bodies or sources (paragraph 4).

A first report must be submitted no later than four years after the entry into force of the Regulation, i.e., the twentieth day following its publication in the Official Journal of the European Union and be published.

Like the Directive, the Commission must remain aware of the development in information technology and in the light of the state of progress in the information society and propose, where appropriate, amend to the Regulation (paragraph 5).

The Directive

The Directive was already requiring the Commission to provide a report to the European Parliament and the Council on the application of the Directive, accompanied, as appropriate, by proposals for amendment (see Article 33).

Potential issues

We do not see a priori any specific implementation difficulties. 

Regulation
1e 2e

Art. 97

1. By 25 May 2020 and every four years thereafter, the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. The reports shall be made public.

2. In the context of the evaluations and reviews referred to in paragraph 1, the Commission shall examine, in particular, the application and functioning of:

(a) Chapter V on the transfer of personal data to third countries or international organisations with particular regard to decisions adopted pursuant to Article 45(3) of this Regulation and decisions adopted on the basis of Article 25(6) of Directive 95/46/EC;

(b) Chapter VII on cooperation and consistency.

3.   For the purpose of paragraph 1, the Commission may request information from Member States and supervisory authorities.

4.   In carrying out the evaluations and reviews referred to in paragraphs 1 and 2, the Commission shall take into account the positions and findings of the European Parliament, of the Council, and of other relevant bodies or sources.

5.   The Commission shall, if necessary, submit appropriate proposals to amend this Regulation, in particular taking into account of developments in information technology and in the light of the state of progress in the information society.

1st proposal close

Art. 90

The Commission shall submit reports on the evaluation and review of this Regulation to the European Parliament and the Council at regular intervals. The first report shall be submitted no later than four years after the entry into force of this Regulation. Subsequent reports shall be submitted every four years thereafter. The Commission shall, if necessary, submit appropriate proposals with a view to amending this Regulation, and aligning other legal instruments, in particular taking account of developments in information technology and in the light of the state of progress in the information society. The reports shall be made public.

2nd proposal close

Art. 90

1. The Commission shall submit reports on the evaluation and review of this Regulation to the European Parliament and the Council at regular intervals..

2. In the context of these evaluations the Commission shall examine, in particular, the application and functioning of the provisions of Chapter VII on Co-operation and Consistency.

3. The first report shall be submitted no later than four years after the entry into force of this Regulation. Subsequent reports shall be submitted every four years thereafter. The reports shall be made public.

4. The Commission shall, if necessary, submit appropriate proposals with a view to amending this Regulation, and aligning other legal instruments, in particular taking account of developments in information technology and in the light of the state of progress in the information society.

Directive close

No specific provision

No provisions in Hungary.

Old law close

No provisions in Hungary.

close