Recital 96 – Consultation of the Supervisory Authority in the Course of a Legislative Process*

A consultation of the supervisory authority should also take place in the course of the preparation of a legislative or regulatory measure which provides for the processing of personal data, in order to ensure compliance of the intended processing with this Regulation and in particular to mitigate the risk involved for the data subject.

* This title is an unofficial description.


Why Recital 96 Matters for GDPR Compliance?

Recital 96 plays a key role in GDPR compliance by requiring consultation with supervisory authorities during the legislative or regulatory process when new laws involve the processing of personal data. This ensures that data protection considerations are integrated at the policy-making stage, rather than being addressed only after implementation. It promotes proactive governance and helps prevent legal frameworks from introducing risks to individuals’ rights and freedoms. By involving supervisory authorities early, Recital 96 ensures that privacy principles are embedded into legislation, enhancing consistency, accountability, and compliance across Member States. This contributes to a more harmonized and effective data protection environment within the European Union.

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