GDPR Procedural Regulation

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GDPR-PR

GDPR-PR Article 29. Procedure in relation to decision under Article 65(1), point (b), of Regulation (EU) 2016/679

1.
When referring a subject matter to the Board under Article 65(1), point (b), of Regulation (EU) 2016/679, the supervisory authority referring the subject matter shall provide the Board with the following:
- (a)
  a summary of the relevant facts, including regarding the processing in question;
- (b)
  the assessment of those relevant facts in order to establish whether a supervisory authority is competent to act as lead supervisory authority pursuant to Article 56(1) of Regulation (EU) 2016/679, in particular the assessment as to whether the processing is to be considered as cross-border processing and as to where the main establishment of the controller or processor is located;
- (c)
  views made known by the controller or processor whose main establishment is the subject of the referral;
- (d)
  the views of other supervisory authorities concerned by the referral;
- (e)
  any other document or information the supervisory authority referring the subject matter considers relevant and necessary in order to find a resolution on the subject matter.
2.
The Board may request further documents from a supervisory authority with respect to the subject matter submitted to it.
3.
Within one week of being provided with the documents and information referred to in paragraph 1, 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.

Relevant Recitals for this Article