GDPR Procedural Regulation

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GDPR-PR

GDPR-PR Article 28. Hearing the party under investigation and the complainant prior to the adoption of a decision under Article 65(1), point (a), of Regulation (EU) 2016/679

1.
Prior to adopting the binding decision under Article 65(1), point (a), of Regulation (EU) 2016/679, the Board shall provide the party under investigation, or, where the Board’s decision could result in a full or partial rejection or dismissal of a complaint, the complainant, with the opportunity to make their views known in writing on any new factual or legal elements on which its decision is to be based, including on the relevant and reasoned objections which it intends to follow in its decision.
2.
Where the party under investigations or the complainant, as applicable, are provided with an opportunity to make their views known in accordance with paragraph 1, the Board shall set an appropriate time limit not longer than two weeks for them to make their views known.
3.
The period for adoption of the binding decision of the Board provided for in Article 65(2) of Regulation (EU) 2016/679 shall be suspended until the party under investigation or the complainant, as applicable, have made their views known or until the expiry of the time limit referred to in paragraph 2 of this Article, whichever is the earlier.

Relevant Recitals for this Article