Article 40 — Prior consultation
Regulation (EU) 2018/1725, data protection for EU institutions
What does EUDPR Article 40 say?
Short answer, straight from the official text
1. The controller shall consult the European Data Protection Supervisor prior to processing where a data protection impact assessment under Article 39 indicates that the processing would, in the absence of safeguards, security measures and mechanisms to mitigate the risk, result in a high risk to the rights and freedoms of …
Source: Regulation (EU) 2018/1725, data protection for EU institutions, read 2026-08-14.
| In the act | EU 2018/1725 |
| CELEX | 32018R1725 |
| Read on | 2026-08-14 |
Official text
Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.
1. The controller shall consult the European Data Protection Supervisor prior to processing where a data protection impact assessment under Article 39 indicates that the processing would, in the absence of safeguards, security measures and mechanisms to mitigate the risk, result in a high risk to the rights and freedoms of natural persons and the controller is of the opinion that the risk cannot be mitigated by reasonable means in view of the available technologies and costs of implementation. The controller shall seek the advice of the data protection officer on the need for prior consultation.
The article continues in the official text.
The same rule in other acts
These articles carry the same official heading. The wording is not identical; read each text at its own source.
- GDPR Article 36 — Prior consultation
The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.
Back to the act · EU acts, read down to the national law
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