Abstract

The subject of the analysis in this paper is the legal nature of soft-law acts issued by the EDPB, i.e. guidelines and recommendations, but also abstract opinions – the powers referred to primarily in Art. 70 letters d-m of the GDPR. The European Data Protection Board – in this area, in particular, on its own initiative or at the request of one of its members or the Commission – examines all issues related to the application of the GDPR and issues guidelines, recommendations and best practices to encourage consistent application of the Regulation.It is clear from the jurisprudence of the Court of Justice to date that these acts are not binding in the sense that they grant judicial powers to individual entities, but at the same time they are not lacking any legal consequences. National courts or other national authorities are required to take these recommendations or guidelines into account for the purposes of resolving disputes, especially where they may shed light on the interpretation of other national or EU laws. In the case of soft laws issued by such bodies as the EDPB, they are additionally intended to ensure consistent application of binding provisions, and national regulatory bodies are expected to comply with them. In this way, the consistency of the legal system and uniformity of application will be maintained. Private entities, on the other hand, in the case of the GDPR, will probably be guided by this type of documents taking into account the consistency of the system on the one hand and the obligation of accountability imposed by law on the other.