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 19. Preliminary findings and the right to be heard
- 1.Following the consultations and procedures under Articles 10 and 11 of this Regulation, where the lead supervisory authority intends to submit a draft decision within the meaning of Article 60(3) of Regulation (EU) 2016/679 finding an infringement of Regulation (EU) 2016/679 to the other supervisory authorities concerned, it shall draft preliminary findings.
- 2.The preliminary findings shall include the findings of the investigation and present allegations raised in an exhaustive and sufficiently clear manner to enable the parties under investigation to take cognisance of the conduct investigated by the lead supervisory authority. In particular, the preliminary findings shall set out clearly all the facts, the list of the evidence relied upon and the entire legal assessment raised against the parties under investigation, so that they can express their views on those facts and the legal conclusions the lead supervisory authority intends to draw in the draft decision within the meaning of Article 60(3) of Regulation (EU) 2016/679. The preliminary findings shall indicate, based on the information available at that stage and without prejudice to the views of the parties under investigation, corrective measures the lead supervisory authority considers using. Where the lead supervisory authority, based on the information available at that stage and without prejudice to the views of the parties under investigation, considers whether to impose an administrative fine in accordance with Article 83 of Regulation (EU) 2016/679, it shall list in the preliminary findings the main legal and factual elements, which are known to it, and on which it intends to rely when deciding whether to impose an administrative fine and on the amount of the fine, having regard to the elements listed in Article 83(2) of Regulation (EU) 2016/679, including any aggravating or mitigating factors it intends to take into account.
- 3.The lead supervisory authority shall transmit the preliminary findings to the other supervisory authorities concerned. Those authorities may provide comments on those findings to the lead supervisory authority within four weeks from the transmission of the preliminary findings to the other supervisory authorities concerned. Upon request of one of the other supervisory authorities concerned, the lead supervisory authority shall extend that period by two weeks.
- 4.The lead supervisory authority shall notify the preliminary findings, where relevant as amended to take into account comments provided by the other supervisory authorities concerned, to each of the parties under investigation.
- 5.The lead supervisory authority shall, when notifying the preliminary findings to the parties under investigation, set an appropriate time-limit no shorter than three weeks and no longer than six weeks from the date of notification, within which those parties may provide their views in writing, or hold a hearing within the same time-limit in order to hear the views of the parties under investigation orally.
- 7.The parties under investigation may, in their reply to preliminary findings, set out all facts and legal arguments known to them that are relevant to their defence against the allegations of the lead supervisory authority. They shall attach any relevant documents as proof of the facts set out. The lead supervisory authority shall base its draft decision only on the allegations and facts and the legal assessment based on those facts in respect of which the parties under investigation have been given the opportunity to provide their views.