> For the complete documentation index, see [llms.txt](https://www.mica.wtf/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://www.mica.wtf/mica.wtf/gdpr/chapter-vii-cooperation-and-consistency-art.-60-76/64.md).

# Art. 64 — Opinion of the Board

1. The Board shall issue an opinion where a competent [supervisory authority](https://headlesslaw.com/definitions/gdpr/supervisory-authority/) intends to adopt any of the measures below. To that end, the competent supervisory authority shall communicate the draft decision to the Board, when it:
   1. aims to adopt a list of the [processing](https://headlesslaw.com/definitions/gdpr/processing/) operations subject to the requirement for a data protection impact assessment pursuant to [Article 35(4)](/mica.wtf/gdpr/chapter-iv-controller-and-processor-art.-24-43/35.md);
   2. concerns a matter pursuant to [Article 40(7)](/mica.wtf/gdpr/chapter-iv-controller-and-processor-art.-24-43/40.md) whether a draft code of conduct or an amendment or extension to a code of conduct complies with this Regulation;
   3. aims to approve the requirements for accreditation of a body pursuant to [Article 41(3)](/mica.wtf/gdpr/chapter-iv-controller-and-processor-art.-24-43/41.md), of a certification body pursuant to [Article 43(3)](/mica.wtf/gdpr/chapter-iv-controller-and-processor-art.-24-43/43.md) or the criteria for certification referred to in [Article 42(5)](/mica.wtf/gdpr/chapter-iv-controller-and-processor-art.-24-43/42.md);
   4. aims to determine standard data protection clauses referred to in point (d) of [Article 46(2)](/mica.wtf/gdpr/chapter-v-transfers-of-personal-data-to-third-countries-or-international-organisations-art.-44-50/46.md) and in [Article 28(8)](/mica.wtf/gdpr/chapter-iv-controller-and-processor-art.-24-43/28.md);
   5. aims to authorise contractual clauses referred to in point (a) of [Article 46(3)](/mica.wtf/gdpr/chapter-v-transfers-of-personal-data-to-third-countries-or-international-organisations-art.-44-50/46.md); or
   6. aims to approve [binding corporate rules](https://headlesslaw.com/definitions/gdpr/binding-corporate-rules/) within the meaning of [Article 47](/mica.wtf/gdpr/chapter-v-transfers-of-personal-data-to-third-countries-or-international-organisations-art.-44-50/47.md).
2. Any supervisory authority, the Chair of the Board or the Commission may request that any matter of general application or producing effects in more than one Member State be examined by the Board with a view to obtaining an opinion, in particular where a competent supervisory authority does not comply with the obligations for mutual assistance in accordance with [Article 61](/mica.wtf/gdpr/chapter-vii-cooperation-and-consistency-art.-60-76/61.md) or for joint operations in accordance with [Article 62](/mica.wtf/gdpr/chapter-vii-cooperation-and-consistency-art.-60-76/62.md).
3. In the cases referred to in paragraphs 1 and 2, the Board shall issue an opinion on the matter submitted to it provided that it has not already issued an opinion on the same matter. That opinion shall be adopted within eight weeks by simple majority of the members of the Board. That period may be extended by a further six weeks, taking into account the complexity of the subject matter. Regarding the draft decision referred to in paragraph 1 circulated to the members of the Board in accordance with paragraph 5, a member which has not objected within a reasonable period indicated by the Chair, shall be deemed to be in agreement with the draft decision.
4. Supervisory authorities and the Commission shall, without undue delay, communicate by electronic means to the Board, using a standardised format any relevant information, including as the case may be a summary of the facts, the draft decision, the grounds which make the enactment of such measure necessary, and the views of other supervisory authorities concerned.
5. The Chair of the Board shall, without undue, delay inform by electronic means:
   1. the members of the Board and the Commission of any relevant information which has been communicated to it using a standardised format. The secretariat of the Board shall, where necessary, provide translations of relevant information; and
   2. the supervisory authority referred to, as the case may be, in paragraphs 1 and 2, and the Commission of the opinion and make it public.
6. The competent supervisory authority referred to in paragraph 1 shall not adopt its draft decision referred to in paragraph 1 within the period referred to in paragraph 3.
7. The competent supervisory authority referred to in paragraph 1 shall take utmost account of the opinion of the Board and shall, within two weeks after receiving the opinion, communicate to the Chair of the Board by electronic means whether it will maintain or amend its draft decision and, if any, the amended draft decision, using a standardised format.
8. Where the competent supervisory authority referred to in paragraph 1 informs the Chair of the Board within the period referred to in paragraph 7 of this Article that it does not intend to follow the opinion of the Board, in whole or in part, providing the relevant grounds, [Article 65(1)](/mica.wtf/gdpr/chapter-vii-cooperation-and-consistency-art.-60-76/65.md) shall apply.


---

# Agent Instructions
This documentation is published with GitBook. GitBook is the documentation platform designed so that both humans and AI agents can read, navigate, and reason over technical content effectively. Learn more at gitbook.com.

## Querying This Documentation
If you need additional information that is not directly available in this page, you can query the documentation dynamically by asking a question.

Perform an HTTP GET request on the current page URL with the `ask` query parameter, and the optional `goal` query parameter:

```
GET https://www.mica.wtf/mica.wtf/gdpr/chapter-vii-cooperation-and-consistency-art.-60-76/64.md?ask=<question>&goal=<endgoal>
```

`ask` is the immediate question: it should be specific, self-contained, and written in natural language.
`goal` is optional and describes the broader end goal you are ultimately trying to accomplish on behalf of the user. GitBook uses it to tailor the answer towards what is most useful for that goal.

The response will contain a direct answer to the question and relevant excerpts and sources from the documentation.

Use this mechanism when the answer is not explicitly present in the current page, you need clarification or additional context, or you want to retrieve related documentation sections.
