GDPR Procedural Regulation
Data & Privacy
- Data Act
- Data Governance Act
- EHDS
- ePrivacy Directive
- GDPR
- GDPR Procedural Regulation
AI & Trust
- Artificial Intelligence Act
- Product Liability Directive
Cybersecurity
- Cyber Resilience Act
- Cybersecurity Act
- DORA
- NIS2
Digital Services & Media
- Digital Markets Act
- Digital Services Act
- European Media Freedom Act
GDPR Procedural Regulation
- Recitals
CHAPTER I
GENERAL PROVISIONSArticles 1 — 3
CHAPTER II
LODGING OF COMPLAINTS AND EARLY RESOLUTIONArticles 4 — 5
CHAPTER III
COOPERATION UNDER ARTICLE 60 OF REGULATION (EU) 2016/679Articles 6 — 23
CHAPTER IV
ADMINISTRATIVE FILE, COOPERATION FILE AND TREATMENT OF CONFIDENTIAL INFORMATIONArticles 24 — 26
CHAPTER V
DISPUTE RESOLUTIONArticles 27 — 30
CHAPTER VII
GENERAL AND FINAL PROVISIONSArticles 34 — 37
GDPR-PR
GDPR-PR Article 11. Use of means to reach consensus
- 1.Pursuant to Article 60(1) of Regulation (EU) 2016/679, the lead supervisory authority and the other supervisory authorities concerned shall endeavour to reach consensus on cases concerning cross-border processing, in accordance with this Article, and may use all the means provided for in Regulation (EU) 2016/679, including mutual assistance pursuant to Article 61 of Regulation (EU) 2016/679 and joint operations pursuant to Article 62 of that Regulation.
- 2.Where a supervisory authority concerned disagrees with the lead supervisory authority and in the absence of consensus, that supervisory authority may make a request for mutual assistance under Article 61 of Regulation (EU) 2016/679 to the lead supervisory authority or may request the lead supervisory authority to conduct joint operations pursuant to Article 62 of that Regulation, or both, in order to reach consensus on the following:
- (a)the scope of the investigation in complaint-based cases, including the provisions of Regulation (EU) 2016/679 concerned by the alleged infringement to be investigated;
- (b)the legal or factual issues referred to in Article 10(2), point (c), of this Regulation, where applicable;
- (c)the preliminary identification of potential corrective measures pursuant to Article 10(2), point (e), of this Regulation.
- 3.A request under paragraph 2 of this Article shall be made within one month of the expiry of the period referred to in Article 10(5).
- 4.Where a request to conduct joint operations pursuant to Article 62 of Regulation (EU) 2016/679 is made pursuant to paragraph 2 of this Article, the lead supervisory authority shall respond to that request within one month of its receipt.
- 5.The lead supervisory authority shall engage with the other supervisory authorities concerned on the basis of their comments on the summary of key issues, and, where applicable, in response to requests under Articles 61 and 62 of Regulation (EU) 2016/679, in an endeavour to reach consensus. The consensus on matters referred to in paragraph 2 of this Article shall be used as a basis for the lead supervisory authority to continue the investigation and draft the preliminary findings or, where applicable, to provide the supervisory authority with which the complaint has been lodged with the reasoning for the purposes of Article 16(1) of this Regulation.
- 6.Where, in a complaint-based investigation, following the procedures under Article 10(5) of this Regulation and paragraph 5 of this Article, there is no consensus between the lead supervisory authority and one or more other supervisory authorities concerned on the preliminary identification of the scope of the investigation referred to in Article 10(2), point (b), of this Regulation, the conditions for requesting an urgent binding decision under Article 66(3) of Regulation (EU) 2016/679 shall be presumed to be met and the lead supervisory authority shall request an urgent binding decision of the Board under Article 66(3) of Regulation (EU) 2016/679.
- 7.When requesting an urgent binding decision of the Board pursuant to paragraph 6 of this Article, the lead supervisory authority shall provide the Board with the following:
- (a)the information referred to in Article 10(2);
- (b)the comments of the other supervisory authorities concerned that disagree with the lead supervisory authority’s preliminary identification of the scope of the investigation;
- (c)further exchanges between the lead supervisory authority and the other supervisory authorities concerned under Article 10(5) and Article 11(5);
- (d)any other relevant document or information requested by the Board.
- 8.The Board shall adopt an urgent binding decision on the scope of the investigation on the basis of all the information received.