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GDPR Procedural Regulation
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GDPR-PR

GDPR-PR Article 10. Summary of key issues

  • 1.
    Once the lead supervisory authority has formed a preliminary view on the main issues in an investigation, it shall draft a summary of key issues for the purpose of cooperation under Article 60(1) of Regulation (EU) 2016/679.
  • 2.
    The summary of key issues shall include the following:
    • (a)
      the main relevant facts;
    • (b)
      a preliminary identification of the scope of the investigation, in particular the provisions of Regulation (EU) 2016/679 concerned by the alleged infringement which is to be investigated;
    • (c)
      legal and factual issues identified;
    • (d)
      an analysis of relevant views expressed by the party under investigation or the complainant where those views are available at the time of drafting the summary of key issues;
    • (e)
      where applicable, preliminary identification of potential corrective measures.
  • 3.
    The lead supervisory authority shall provide the other supervisory authorities concerned with the summary of key issues without delay, and within three months of the lead supervisory authority confirming its competence pursuant to Article 4(6) of this Regulation or of a binding decision by the Board pursuant to Article 65(1), point (b), of Regulation (EU) 2016/679.
  • 4.
    The supervisory authorities concerned may provide comments on the summary of key issues within four weeks of receipt of that summary. The lead supervisory authority may extend that period by two weeks due to the complexity of the case or upon the request of the other supervisory authorities concerned.
  • 5.
    Where the supervisory authorities concerned provide comments pursuant to paragraph 4, those comments shall be shared with all the other supervisory authorities concerned. The lead supervisory authority shall respond to those comments within four weeks of the expiry of the period referred to in paragraph 4 indicating whether and how it intends to take them into account. The lead supervisory authority may extend that period by two weeks due to the complexity of the case.
  • 6.
    When transferring a case to the lead supervisory authority, the supervisory authority with which the complaint has been lodged may provide information relevant for the preparation of the summary of key issues to the lead supervisory authority.
  • 7.
    The Board may specify the modalities and requirements for the provision of comments by the supervisory authorities concerned on the summary of key issues.

Relevant Recitals for this Article

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