Article 34

Decision of the Administrative Council of 30 June 2026 approving the Rules of Procedure of the Board of Appeal for the judicial processing of personal data (CA/D 10/26)

THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,

Having regard to decision CA/D 19/24 laying down an independent oversight mechanism for the processing of personal data by the Boards of Appeal in their judicial capacity (hereinafter referred to as "IOM Decision"), and in particular Article 6, second sentence,

Having regard to the Rules of Procedure of the Board of Appeal for the judicial processing of personal data (hereinafter referred to as "RPBoAJPD"),

adopted by the Boards of Appeal Committee on 2 June 2026 under Article 6 IOM Decision in conjunction with Rule 12c(2) of the Implementing Regulations to the European Patent Convention,

On a proposal from the President of the Boards of Appeal,

HAS DECIDED AS FOLLOWS:

Article 1

Approval of the adopted RPBoAJPD

The RPBoAJPD, as shown in the Annex to this decision, are hereby approved.

Article 2

Entry into force

This decision will enter into force on 1 August 2026.

Done at Munich, 30 June 2026

For the Administrative Council

The Chairperson

Josef KRATOCHVÍL

Annex

DECISION OF THE BOARDS OF APPEAL COMMITTEE

of 2 June 2026

adopting the Rules of Procedure of the Board of Appeal for the judicial processing of personal data

THE BOARDS OF APPEAL COMMITTEE,

Having regard to the European Patent Convention (hereinafter referred to as "EPC"), and in particular Article 23(3),

Having regard to the Implementing Regulations to the EPC, and in particular Rule 12c(2),

Having regard to decision CA/D 5/21 introducing a new data protection framework at the European Patent Office,

Having regard to decision CA/D 19/24 laying down an independent oversight mechanism for the processing of personal data by the Boards of Appeal in their judicial capacity (hereinafter referred to as "IOM Decision"), and in particular Article 6,

On a proposal from the President of the Boards of Appeal,

Submitted after the Presidium of the Boards of Appeal has provided its advice in accordance with Rule 12b(3)(c) of the Implementing Regulations to the EPC,

Submitted after the President of the European Patent Office has been given the opportunity to comment in accordance with Rule 12c(2) of the Implementing Regulations to the EPC in conjunction with Article 6 IOM Decision,

HAS DECIDED AS FOLLOWS:

The following Rules of Procedure of the Board of Appeal for the judicial processing of personal data are hereby adopted.

Any references to persons made in these Rules of Procedure are to be understood as being gender-neutral.

Article 1

Composition of the Board of Appeal for the judicial processing of personal data

1. Appeals from a decision of the controller shall be heard by the Board of Appeal for the judicial processing of personal data (hereinafter referred to as "BoAJPD"). The BoAJPD in a particular appeal (hereinafter referred to as "Board") shall be composed of three members.
2. The Chair of the BoAJPD shall determine the composition of a Board in accordance with the business distribution scheme. The Chair shall designate themself or another legally qualified member as Chair of a Board.
3. The Chair of the BoAJPD may designate up to one external member for a Board. The Chair of a Board shall be an internal member.

Article 2

Replacement of members

1. A member or the Chair of a Board shall be replaced if prevented from participating, particularly as a result of sickness, excessive workload, or commitments which cannot be avoided.
2. A member or the Chair of a Board wishing to be replaced shall inform the Chair of the BoAJPD of their unavailability without delay.
3. If a member or the Chair of a Board cannot or can no longer participate in a case for which they have been designated, the Chair of the BoAJPD shall designate another member of the BoAJPD to replace that member or that Chair of the Board.
4. In determining the new composition, the Chair of the BoAJPD shall in particular take account of the workload of each member and the language requirements of the case.

Article 3

Exclusion and objection

1. Members, including the Chair, of the BoAJPD who were directly involved in the data processing operation alleged to infringe the data subject's rights under the Data Protection Rules or who have any personal interest in the case may not take part in the ensuing proceedings before the BoAJPD. Article 24(2) to (4) EPC shall apply mutatis mutandis to proceedings before the BoAJPD.
2. If a Board has knowledge of a possible reason for exclusion or objection which does not originate from the member concerned or from the appellant, it shall decide as to the action to be taken without the participation of that member. For the purpose of taking this decision, the member concerned shall be replaced by their alternate.
3. The member concerned shall be invited to present their comments as to whether there is a reason for exclusion or objection.
4. Before a decision is taken on the exclusion of or objection to a member, there shall be no further proceedings in the case.
5. The alternate to the Chair or another member shall be the next member on the list as set out in the relevant business distribution scheme, with the first member on the list being the alternate to the last one on the list.

Article 4

Rapporteur

1. The Chair of the BoAJPD shall for each appeal designate a member or the Chair of the Board as rapporteur.
2. The rapporteur may conduct preparatory inquiries and shall prepare draft communications, carry out other preliminary work and prepare draft decisions.
3. The rapporteur shall make the preparations for meetings of the Board and for oral proceedings.

Article 5

Registry

The Registrar of the Legal Board of Appeal of the European Patent Office shall act as Registrar of the BoAJPD.

Article 6

Form and content of appeals

1. An appeal to the BoAJPD shall be filed electronically via email to the official mailbox of the Registry within the period under Article 4(1) of the IOM Decision.
2. The appeal must be dated and signed by the appellant or their representative within the meaning of Article 134 EPC and filed in one of the three official languages of the European Patent Office, i.e. English, French or German. If the appellant has a representative within the meaning of Article 134 EPC, they shall submit a signed authorisation. The signature may take any form of electronic signature.
3. The appeal shall:

1. state the name, address and email address of the appellant;
2. state the name, address and email address of their representative, if any;
3. indicate the decision by the controller which is being challenged;
4. state the relief claimed;
5. set out all the facts, arguments and evidence relied on for setting aside or amending the decision which is being challenged.

4. The Registry may request the appellant or their representative by email to correct defects or omissions as regards the requirements under paragraphs 2 and 3(a) to (c) within a period to be specified.

Article 7

Procedure before the BoAJPD

1. Unless the appeal has been filed after expiry of the period under Article 4(1) IOM Decision, the Registry shall send an electronic copy of the appeal by email to the controller, who shall have the opportunity to comment on it in accordance with Article 5(3) IOM Decision.
2. The Board shall reject the appeal as inadmissible if it fails to comply with any of the requirements under Article 6(1) or (3)(d) or (e), or if a defect or an omission notified in accordance with Article 6(4) has not been remedied within the specified time limit.
3. If the appeal is admissible, the Board shall invite the appellant to file, within a period to be specified, observations on any comments received from the controller and to provide any further evidence required.
4. In the examination of the appeal, the Board may exercise any power within the competence of the controller under Article 3 IOM Decision. It shall issue a communication with a preliminary opinion on the merits of the appeal. If it does not consider oral proceedings to be expedient, it shall inform the appellant accordingly and invite them to file observations on the communication within a period to be specified.
5. If oral proceedings are to take place, the Board shall give at least four weeks' advance notice of the summons. Oral proceedings shall normally be held by videoconference. The Board may decide to hold oral proceedings on the premises of the European Patent Office if the Board considers it appropriate to do so, either upon request from the appellant or of its own motion. A request from the appellant for a change of the date fixed for oral proceedings may be allowed if they have put forward serious reasons which justify the fixing of a new date.

Article 8

Language of the proceedings

1. The language used in the appeal in accordance with Article 6(2) shall be the language of the proceedings. Rule 3(3) EPC shall apply mutatis mutandis to documentary evidence.
2. Rule 4 EPC shall apply mutatis mutandis to oral proceedings before the Board.

Article 9

Withdrawal of appeal

1. An appeal may be withdrawn at any time during the proceedings, by written notification to the Board.
2. Where, in the event of protracted inaction of the appellant, the Board requests that the appellant take a certain action in order for the proceedings to continue, the Board shall set a reasonable deadline by which the appellant must comply with this request. If the appellant does not comply with the request within the set deadline and the non-compliance is not justified by compelling reasons, the appeal shall be deemed to be withdrawn.

Article 10

Decisions

1. After examining the appeal, the Board shall issue a reasoned decision. If the Board finds that the processing of the data subject's personal data by the Boards of Appeal in their judicial capacity was unlawful, it may decide to award compensation for material and/or non-material damage.
2. The decision shall be authenticated by the Chair of the Board and by the competent employee of the Registry, either by their signature or by any other appropriate means. The decision shall contain:

1. a statement that it was delivered by the BoAJPD;
2. the date when the decision was taken;
3. the names of the Chair and of the other members of the Board taking part;
4. the names of the appellant and their representatives, if any;
5. the appellant's requests;
6. a summary of the facts;
7. the reasons;
8. the order of the Board, including, where appropriate, a decision on compensation for material and/or non-material damage.

3. The decision shall be notified and a copy provided in accordance with Article 5(7) and (8) IOM Decision.
4. An anonymised version of the final decision shall be published unless the Board decides otherwise.

Article 11

Entry into force

These Rules of Procedure of the BoAJPD enter into force on 1 August 2026.

Done at Munich, 2 June 2026

For the Boards of Appeal Committee

The Chairperson

Alexander PFISTER