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GDPR-PR

GDPR-PR Article 9. Relevant information to be exchanged between the lead supervisory authority and the other supervisory authorities concerned

1.
The lead supervisory authority and the other supervisory authorities concerned shall exchange the relevant information referred to in Article 60(1) and (3) of Regulation (EU) 2016/679. That information shall include, where applicable:
- (a)
  information on the opening of an investigation of an alleged infringement of Regulation (EU) 2016/679;
- (b)
  requests for information pursuant to Article 58(1), point (e), of Regulation (EU) 2016/679 and related documents resulting from those requests;
- (c)
  information on the use of other investigative powers referred to in Article 58(1) of Regulation (EU) 2016/679 and related documents resulting from the exercise of those investigative powers;
- (d)
  in the event that a full or partial rejection or dismissal of a complaint is intended, the lead supervisory authority’s reasons for rejection or dismissal of the complaint;
- (e)
  information on the early resolution of the complaint pursuant to Article 5 of this Regulation;
- (f)
  the summary of key issues and comments on that summary referred to in Article 10 of this Regulation;
- (g)
  information on the scope of investigation;
- (h)
  information on developments or findings which might lead to the modification of the scope of investigation or the initiation of a new investigation;
- (i)
  information concerning steps taken and legal analysis carried out aiming to determine whether there has been an infringement of Regulation (EU) 2016/679 prior to the preparation of preliminary findings and prior to the preparation of the draft decision;
- (j)
  preliminary findings;
- (k)
  the responses of the parties under investigation to the preliminary findings;
- (l)
  the views of the complainant on the non-confidential version of the preliminary findings and, if relevant, on other aspects of the investigation on which formal written submissions might have been made by the complainant;
- (m)
  in the event of a full or partial rejection or dismissal of a complaint, the written submissions of the complainant;
- (n)
  information on any relevant steps taken by the lead supervisory authority after receiving the responses of the parties under investigation to the preliminary findings and prior to submission of a draft decision referred to in Article 60(3) of Regulation (EU) 2016/679;
- (o)
  the views of the parties under investigation on a revised draft decision;
- (p)
  any other information deemed useful and relevant for the investigation.
2.
In the course of the investigation, the lead supervisory authority and the other supervisory authorities concerned shall exchange the information referred to in paragraph 1 of this Article as soon as possible and no later than one week from when such information becomes available, unless otherwise provided for in this Regulation or in Regulation (EU) 2016/679.
3.
The Board may specify the modalities and requirements for the exchange of relevant information between supervisory authorities.

Relevant Recitals for this Article

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