Skip to content
RGPD

Article 97

Commission reports

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.

Common Questions

Frequently Asked Questions

How often does the Commission report on the GDPR?

Under Article 97, the Commission had to submit a first report on the evaluation and review of the Regulation to the European Parliament and to the Council by 25 May 2020, and it must do so every four years thereafter.

The reports are made public, so they are not internal documents.

What do these evaluations examine in particular?

The article names two areas the Commission must examine in particular:

  • 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 the Regulation and decisions adopted on the basis of Article 25(6) of Directive 95/46/EC
  • Chapter VII on cooperation and consistency
Where does the Commission get the information for these reports?
It may request information from Member States and from supervisory authorities. When carrying out the evaluations and reviews, it must also take into account the positions and findings of the European Parliament, of the Council, and of other relevant bodies or sources.
Can these reviews lead to changes to the GDPR itself?
Yes. If necessary, the Commission must submit appropriate proposals to amend the Regulation, in particular taking into account developments in information technology and the state of progress in the information society. The review cycle is the built-in mechanism for keeping the text up to date.