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Article 72
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Procedure

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There is no recital in the Regulation related to article 72.

There is no recital in the Directive related to article 72.

The GDPR

The Regulation contains a specific provision on the decision-making of the Board: Board shall take decisions by a simple majority of its members, unless otherwise provided for in the Regulation (paragraph 1).

Finally, the Board shall adopt its own rules of procedure by a two-thirds majority of its members (paragraph 2).

The Directive

Under the Directive, the G29 decisions should be taken by a simple majority of the representatives of the authorities within that Working Party. 

Potential issues

We do not see a priori any specific implementation difficulties.

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Regulation
1e 2e

Art. 72

1.   The Board shall take decisions by a simple majority of its members, unless otherwise provided for in this Regulation.

2.   The Board shall adopt its own rules of procedure by a two-thirds majority of its members and organise its own operational arrangements.
1st proposal close

Art. 68

1. The European Data Protection Board shall take decisions by a simple majority of its members.

2. The European Data Protection Board shall adopt its own rules of procedure and organise its own operational arrangements. In particular, it shall provide for the continuation of exercising duties when a member’s term of office expires or a member resigns, for the establishment of subgroups for specific issues or sectors and for its procedures in relation to the consistency mechanism referred to in Article 57.
2nd proposal close

art. 68

1. The European Data Protection Board shall adopt binding decisions referred to in paragraph 3 of Article 57 in accordance with majority requirements set out in paragraphs 2 and 3 of Article 58a. As regards decisions related to the other tasks listed in Article 66 hereof, they shall be taken by a simple majority of its members.

2. The European Data Protection Board shall adopt its own rules of procedure by a two-third majority of its members and organise its own operational arrangements.
Directive close

Art. 29

(…) 

3. The Working Party shall take decisions by a simple majority of the representatives of the supervisory authorities.

(…)

6. The Working Party shall adopt its own rules of procedure.
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