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GDPR-PR

GDPR-PR Article 27. Referral to dispute resolution under Article 65(1), point (a), of Regulation (EU) 2016/679

  • 1.
    Within three months of the expiry of the period referred to in Article 60(4) of Regulation (EU) 2016/679, the lead supervisory authority shall submit a revised draft decision pursuant to Article 60(5) of that Regulation or refer the subject matter to the Board for dispute resolution under Article 65(1), point (a), of that Regulation.
  • 2.
    Within three months of the expiry of the period referred to in Article 60(5) of Regulation (EU) 2016/679, the lead supervisory authority shall submit another revised draft decision under 60(5) of that Regulation or refer the subject matter to the Board for dispute resolution under Article 65(1), point (a), of that Regulation.
  • 3.
    When referring the subject matter to dispute resolution under Article 65(1), point (a), of Regulation (EU) 2016/679, the lead supervisory authority shall provide the Board with the following:
    • (a)
      the draft decision or revised draft decision subject to the relevant and reasoned objections;
    • (b)
      a summary of the relevant facts;
    • (c)
      views made in writing by the parties under investigation pursuant to Article 19 and, as the case may be, Article 22 of this Regulation, at least to the extent that those views relate to the subject matter submitted to the Board;
    • (d)
      views made in writing by complainants, as the case may be, pursuant to Articles 16, 17, and 20 of this Regulation at least to the extent that those views relate to the subject matter submitted to the Board;
    • (e)
      the relevant and reasoned objections which were not followed by the lead supervisory authority and the objections that the lead supervisory authority has rejected as being not relevant or reasoned;
    • (f)
      the reasons on the basis of which the lead supervisory authority did not follow the relevant and reasoned objections or rejected the objections as not relevant or reasoned.
  • 4.
    The Board may request further documents from a supervisory authority with respect to the subject matter submitted to it.
  • 5.
    The Board shall, within four weeks of being provided with the documents and information referred to in paragraph 3 of this Article, make a preliminary determination of whether the objections referred to in Article 65(1), point (a), of Regulation (EU) 2016/679 are relevant and reasoned objections and whether they comply with Article 23 of this Regulation. Within that same period, the Chair of the Board shall register the referral of the subject matter submitted to it. As soon as the referral is registered, the file shall be provided to the members of the Board.
  • 6.
    The period for adoption of the binding decision of the Board provided for in Article 65(2) of Regulation (EU) 2016/679 shall not run during the period provided for in paragraph 5 of this Article.

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