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Article 67
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Exchange of information

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Key words related to article 67

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(167) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission when provided for by this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011. In that context, the Commission should consider specific measures for micro, small and medium-sized enterprises.

(168) The examination procedure should be used for the adoption of implementing acts on standard contractual clauses between controllers and processors and between processors; codes of conduct; technical standards and mechanisms for certification; the adequate level of protection afforded by a third country, a territory or a specified sector within that third country, or an international organisation; standard protection clauses; formats and procedures for the exchange of information by electronic means between controllers, processors and supervisory authorities for binding corporate rules; mutual assistance; and arrangements for the exchange of information by electronic means between supervisory authorities, and between supervisory authorities and the Board.

(169) The Commission should adopt immediately applicable implementing acts where available evidence reveals that a third country, a territory or a specified sector within that third country, or an international organisation does not ensure an adequate level of protection, and imperative grounds of urgency so require.

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(66) Whereas, with regard to the transfer of data to third countries, the application of this Directive calls for the conferment of powers of implementation on the Commission and the establishment of a procedure as laid down in Council Decision 87/373/EEC (1);

The GDPR

Article 67 of Regulation also grants implementing powers to the Commission to set the terms of the exchange of information electronically between the supervisory authorities and between these authorities and the European Data Protection Board, in particular, the standard form referred to Article 64.

All implementing acts of the Commission must be adopted in accordance with the procedure of review referred to in Article 93 (2). (See the comments on this provision.)

The Directive

The Directive already vested in the Commission the ability to adopt implementing acts, in the form of directly applicable measures, after consulting the Board which is composed of representatives of the Member States within the meaning of article 31 (1). However, under the Directive, this ability was limited to the area of the transfer of data to third countries.

In the case of a non-compliant opinion, Article 31 (2), paragraph 4, requires the Commission to defer the application of the measures for a period of three months and refer to the Board that is ultimately competent to decide on the appropriateness of such measures.

Potential issues

We do not see  a priori  any specific implementation difficulties.

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Art. 67

The Commission may adopt implementing acts of general scope in order to specify the arrangements for the exchange of information by electronic means between supervisory authorities, and between supervisory authorities and the Board, in particular the standardised format referred to in Article 64.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2).
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