European Union: European Data Protection Board adopted cooperation procedure for authorisation of contractual clauses under Article 46 GDPR

On 15 January 2026, the European Data Protection Board (EDPB) adopted the Document setting forth a Cooperation Procedure for the Authorisation of Contractual Clauses under Article 46(3)(a) GDPR and for the Adoption of Standard Contractual Clauses under Article 46(2)(d) GDPR. The Document establishes an informal cooperation framework among supervisory authorities to determine cooperation between supervisory authorities regarding contractual clauses prior to triggering the consistency mechanism under Articles 63 and 64 of Regulation (EU) 2016/679. It sets out procedures for identifying a lead supervisory authority, conducting review and cooperation phases, organising ad hoc contractual clauses sessions and standard contractual clauses sessions, and managing timelines for comments and consolidation of drafts. The Document also defines the submission of draft decisions to the EDPB for an opinion and the subsequent authorisation or adoption process by the competent supervisory authority.