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GDPR-PR

GDPR-PR Article 12. Time limits for submission of a draft decision

  • 1.
    The lead supervisory authority shall submit a draft decision pursuant to Article 60(3) of Regulation (EU) 2016/679 within 15 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.
  • 2.
    Where the lead supervisory authority makes a request pursuant to Article 11(6), the time limit referred to in paragraph 1 of this Article shall be suspended until the Board has adopted its binding decision.
  • 3.
    On an exceptional basis, the lead supervisory authority may extend the time limit referred to in paragraph 1 once, for a period of no longer than 12 months, due to the complexity of the case. The lead supervisory authority shall inform the other supervisory authorities concerned of its intention to extend the time limit referred to in paragraph 1, setting out the duration of and the reasons for the intended extension, at least four weeks before the expiry of the time limit referred to in paragraph 1.
  • 4.
    Any supervisory authority concerned may submit an objection to the extension of the time limit within two weeks of being informed thereof pursuant to paragraph 3. That authority shall set out the reasons for its objection. When determining whether to extend the time limit referred to in paragraph 1 and, where applicable, the duration of that extension, the lead supervisory authority shall take due account of such an objection.
  • 5.
    Where the lead supervisory authority extends the time limit referred to in paragraph 1 of this Article in accordance with paragraphs 3 and 4 of this Article, any other supervisory authority concerned may inform the lead supervisory authority that it considers there is a need to act in order to protect the rights and freedoms of data subjects. Where the lead supervisory authority does not submit a draft decision within the extended time limit, a supervisory authority that has informed the lead supervisory authority of a need to act in order to protect the rights and freedoms of data subjects may adopt a provisional measure on the territory of its Member State in accordance with Article 55 of Regulation (EU) 2016/679. In that case, the urgent need to act under Article 66(1) of Regulation (EU) 2016/679 shall be presumed to be met.
  • 6.
    Where the simple cooperation procedure under Article 6 of this Regulation is applied, the lead supervisory authority shall submit a draft decision pursuant to Article 60(3) of Regulation (EU) 2016/679 within 12 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. Where national law requires prior or subsequent domestic proceedings which necessitate that a draft decision pursuant to Article 60(3) of Regulation (EU) 2016/679 be submitted after the expiry of the time limit referred to in the first subparagraph, the lead supervisory authority may extend that time limit once, for a period of no longer than two months. In such a case, the lead supervisory authority shall inform the other supervisory authorities concerned of the extension of the time limit, setting out the duration of that extension, at least two weeks before the expiry of the time limit referred to in the first subparagraph.

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