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RGPD

Article 92

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The delegation of power referred to in Article 12(8) and Article 43(8) shall be conferred on the Commission for an indeterminate period of time from 24 May 2016.

3.   The delegation of power referred to in Article 12(8) and Article 43(8) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to Article 12(8) and Article 43(8) shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Common Questions

Frequently Asked Questions

What does Article 92 actually regulate?

It sets the conditions under which the European Commission may adopt delegated acts under the GDPR. That power exists only for two specific provisions, Article 12(8) and Article 43(8), and it is conferred for an indeterminate period of time from 24 May 2016.

The whole article deals with procedure between the Commission, the European Parliament and the Council, so it is about how these acts get made rather than about new rules in themselves.

Can the European Parliament or the Council block a delegated act?

Yes. As soon as the Commission adopts a delegated act it must notify it simultaneously to the European Parliament and to the Council, and the act enters into force only if neither of them objects within three months of that notification. That period can be extended by a further three months at the initiative of either institution.

The act can also take effect before the period runs out if both the Parliament and the Council have informed the Commission that they will not object.

What happens if the delegation of power is revoked?

The European Parliament or the Council may revoke the delegation at any time. The decision of revocation puts an end to the delegation of power specified in it and takes effect the day following its publication in the Official Journal of the European Union, or at a later date specified in the decision.

It does not affect the validity of any delegated acts already in force, so existing acts remain valid.

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