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GDPR-PR

GDPR-PR Article 30. Procedure in relation to decision under Article 65(1), point (c), of Regulation (EU) 2016/679

  • 1.
    When referring a subject matter to the Board under Article 65(1), point (c), of Regulation (EU) 2016/679, the supervisory authority or the Commission shall provide the Board with the following:
    • (a)
      a summary of the relevant facts;
    • (b)
      the opinion, as the case may be, issued by the Board pursuant to Article 64 of Regulation (EU) 2016/679; or the decision, as the case may be, adopted by the competent supervisory authority following the opinion issued by the Board pursuant to Article 64 of Regulation (EU) 2016/679;
    • (c)
      the views of the supervisory authority referring the subject matter or of the Commission as to whether, as the case may be, a supervisory authority was required to refer the draft decision to the Board pursuant to Article 64(1) of Regulation (EU) 2016/679, or whether a supervisory authority did not follow the opinion of the Board issued pursuant to Article 64 of Regulation (EU) 2016/679, including an indication of which parts of that opinion were not followed and a reference to the relevant part of the adopted decision.
  • 2.
    The Board shall request the following:
    • (a)
      the views of the supervisory authority alleged to have breached the requirement to refer a draft decision to the Board or to have failed to follow an opinion of the Board;
    • (b)
      any other document or information that that supervisory authority considers relevant and necessary in order to find a resolution on the subject matter.
  • 3.
    The Board may request further documents from a supervisory authority with respect to the subject matter submitted to it.
  • 4.
    Within one week of being provided with the documents and information referred to in paragraph 2, 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.
  • 5.
    Where any supervisory authority declares its intention to submit its views on the referred subject matter, it shall submit those views within two weeks of the referral referred to in paragraph 1.

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