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 5. Early resolution
- 1.A complaint concerning cross-border processing which concerns the exercise of the rights of the data subject under Chapter III of Regulation (EU) 2016/679 may, where appropriate, be resolved through a procedure allowing for its early resolution by:
- (a)the supervisory authority with which the complaint has been lodged, after it has determined by way of preliminary conclusion that the complaint concerns cross-border processing and prior to the possible transmission of the complaint to the supervisory authority presumed to be competent to act as lead supervisory authority; or
- (b)the lead supervisory authority to which the complaint has been transmitted, at any time before the submission of the preliminary findings to the other supervisory authorities concerned pursuant to Article 19 of this Regulation, or, where the simple cooperation procedure referred to in Article 6 of this Regulation applies, before the submission of the draft decision.
Supervisory authorities may encourage and facilitate the early resolution of complaints, and communicate with the party under investigation or the complainant for this purpose, as appropriate.
- 2.For the purpose of early resolution, where the supervisory authority referred to in paragraph 1, first subparagraph, point (a) or (b), establishes, based on supporting evidence, that the alleged infringement has been brought to an end, that supervisory authority shall consider the complaint devoid of purpose. Where the complaint has been found to be devoid of purpose, the supervisory authority referred to in paragraph 1, first subparagraph, point (a) or (b) shall, using clear and plain language, inform the complainant:
- (a)that the alleged infringement has been brought to an end and that it considers the complaint devoid of purpose;
- (b)of the consequences of the early resolution; and
- (c)of the possibility for the complainant to submit an objection to the early resolution within four weeks of receiving such information.
- 3.In a procedure before the supervisory authority with which a complaint has been lodged, where the complainant does not submit an objection within the time limit set out in paragraph 2, second subparagraph, point (c), that supervisory authority shall, within two weeks of the expiry of that time limit, establish that the complaint has been resolved and inform the complainant, the party under investigation, and, where applicable, the lead supervisory authority of that resolution.
- 4.In a procedure before the lead supervisory authority to which the complaint has been transmitted, where the complainant does not submit an objection within the time limit set out in paragraph 2, second subparagraph, point (c), of this Article, that lead supervisory authority shall submit a draft decision in accordance with Article 60(3) of Regulation (EU) 2016/679 within four weeks of the expiry of that time limit, with a view to adopting a final decision in accordance with Article 60(7) of Regulation (EU) 2016/679 establishing that the complaint has been resolved.
- 5.The early resolution of a complaint shall be without prejudice to the exercise by the lead supervisory authority of the powers set out in Article 58 of Regulation (EU) 2016/679 with regard to the same subject matter.