Activities of Clare DALY related to 2023/0202(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679
Amendments (77)
Amendment 223 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) The procedural law of each Member State should apply to the supervisory authorities insofar as this Regulation does not harmonise a matter.
Amendment 226 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The full enforcement of Regulation (EU) 679/2016 requires that not only ongoing violations, but also repetitive or past violations may be subject to a complaint or ex officio procedure. The cessation of an infringement should not lead to the automatic rejection of a complaint.
Amendment 227 #
Proposal for a regulation
Recital 6
Recital 6
(6) Each complaint handled by a supervisory authority pursuant to Article 57(1), point (f), of Regulation (EU) 2016/679 is to be investigated with all due diligence to the extent appropriate bearing in mind that every use of powers by the supervisory authority must be appropriate, necessary and proportionate inundertaken with a view tof ensuring compliance with Regulation (EU) 2016/679. It falls within the discretion of each competent authority to decide the extent to which a complaint should be investigated. While assessing the extent appropriate of an investigation, supervisory authorities should aim to deliver a satisfactory resolution to the complainant, which may not necessarily require exhaustively investigating all possible legal and factual elements arising from the complaint, but which provides an effective and quick remedy to the complainaprovides an effective and quick remedy to the complainant. Notwithstanding the necessity of providing a satisfactory resolution to the complainant within a short timeframe, supervisory authorities should investigate to a degree that allows them to satisfy themselves as to whether a complaint is indicative of more serious or systemic infringements. The assessment of the extent of the investigative measures required could be informed by the gravity of the alleged infringement, its systemic or repetitive nature, or the fact, as the case may be, that the complainant also took advantage of her or his rights under Article 79 of Regulation (EU) 2016/679.
Amendment 231 #
Proposal for a regulation
Recital 7
Recital 7
(7) The lead supervisory authority should regularly provide the supervisory authority with which the complaint was lodged with the necessarydetailed information on the progress of the investigation for the purpose of providing updates to the complainant.
Amendment 232 #
Proposal for a regulation
Recital 9
Recital 9
(9) In order for supervisory authorities to bring a swift end to infringements of Regulation (EU) 2016/679 and to deliver a quick resolution for complainants, supervisory authorities should endeavour, where appropriate, to resolve complaints by amicable settlement. The fact that an individual complaint has been resolved through an amicable settlement does not prevent the competent supervisory authority from pursuing an ex officio case, for example in the case of systemic or repetitive infringements of Regulation (EU) 2016/679.
Amendment 234 #
Proposal for a regulation
Recital 13
Recital 13
(13) In the interest of effective inclusive cooperation between all supervisory authorities concerned and the lead supervisory authority, the comments of concerned supervisory authorities should be concise and worded in sufficiently clear and precise terms to be easily understandable to all supervisory authorities. The legal arguments should be grouped by reference to the part of the summary of key issues to which they relate. The comments of supervisory authorities concerned may be supplemented by additional documents. However, a mere reference in the comments of a supervisory authority concerned to supplementary documents cannot make up for the absence of the essential arguments in law or in fact which should feature in the comments. The basic legal and factual particulars relied on in such documents should be indicated, at least in summary form, coherently and intelligibly in the comment itself.
Amendment 236 #
Proposal for a regulation
Recital 14
Recital 14
(14) Cases that do not raise contentious issues do not require extensive discussion between supervisory authorities in order to reach a consensus and could, therefore, be dealt with more quickly. When none of the supervisory authorities concerned raise comments on the summary of key issues, the lead supervisory authority should communicate the preliminary findings provided for in Article 14 within ninesix months.
Amendment 238 #
Proposal for a regulation
Recital 15
Recital 15
(15) Supervisory authorities should avail of all means necessary to achieve a consensus in a spirit of sincere and effective cooperation. Therefore, if there is a divergence in opinion between the supervisory authorities concerned and the lead supervisory authority regarding the scope of a complaint-based investigation, including the provisions of Regulation (EU) 2016/679 the infringement of which will be investigated, or where the comments of the supervisory authorities concerned relate to an important change in the complex legal or technological assessment, the concerned authority shcould use the tools provided for under Articles 61 and 62 of Regulation (EU) 2016/679. In such circumstances, the lead supervisory authority or one of the supervisory authorities concerned should also be able to request an urgent binding decision of the Board without a request under Articles 61 or 62 having been made.
Amendment 240 #
Proposal for a regulation
Recital 16
Recital 16
(16) If the use of those tools provided for under Articles 61 and 62 of Regulation (EU) 2016/679 does not enable the supervisory authorities to reach a consensus on the scope of a complaint- based investigation, the lead supervisory authority or one of the supervisory authorities concerned should request an urgent binding decision ofn the scope from the Board under Article 66(3) of Regulation (EU) 2016/679. For this purpose, the requirement of urgency should be presumed. The lead supervisory authority should draw appropriate conclusions from the urgent binding decision of the Board for the purposes of preliminary findings. The urgent binding decision of the Board cannot pre-empt the outcome of the investigation of the lead supervisory authority or the effectiveness of the rights of the parties under investigation to be heard. In particular, the Board should not extend the scope of the investigation on its own initiative.
Amendment 241 #
Proposal for a regulation
Recital 19
Recital 19
(19) It is necessary to clarify the division of responsibilities between the lead supervisory authority and the supervisory authority with which the complaint was lodged in the case of rejection of a complaint in a cross-border case. As the point of contact for the complainant during the investigation, the supervisory authority with which the complaint was lodged should obtain the views of the complainant on the proposed rejection of the complaint and should be responsible for all communications with the complainant. All such communications should be shared with the lead supervisory authority. Since under Article 60(8) and (9) of Regulation (EU) 2016/679 the supervisory authority with which the complaint was lodged has the responsibility of adopting the final decision rejecting the complaint, that supervisory authority should also have the responsibility of preparing the draft decision under Article 60(3) of Regulation (EU) 2016/679.
Amendment 246 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) Notwithstanding the fact that the parties under investigation and the complainant are not in the same procedural situation, there are circumstances in which complainants may be in a position to adduce arguments and evidence during an investigation which may help the progress of the investigation. This is particularly the case in circumstances in which a not-for-profit body, organisation or association has lodged a comlaint on behalf of a data subject or on its own initiative under Article 80 of Regulation (EU) 2016/679. Supervisory authorities should, at their discretion, and bearing in mind the need to progress investigations quickly and efficiently, facilitate the hearing of such complainants at all stages of the investigation, including ex officio investigations, while also maintaining their independence.
Amendment 248 #
Proposal for a regulation
Recital 29
Recital 29
(29) In the interest of the efficient and inclusive conclusion of the dispute resolution procedure, where all supervisory authorities should be in a position to contribute their views and bearing in mind the time constraints during dispute resolution, the form and structure of relevant and reasoned objections should meet certain requirements. Therefore, relevant and reasoned objections should be limited to a prescribed length, should clearly identify the disagreement with the draft decision and should be worded in sufficiently clear, coherent and precise terms.
Amendment 251 #
Proposal for a regulation
Recital 31
Recital 31
(31) When granting access to the administrative file, supervisory authorities should ensure the protection of business secrets and other legally protected confidential information. The category of other confidential information includes information other than business secrets, which may be considered as confidential, insofar as its disclosure would significantly harm a controller, a processor or a natural person and the protection of information in the public interest in accordance with the applicable national law. The supervisory authorities should be able to request that parties under investigation that submit or have submitted documents or statements identify confidential information and provide a non-confidential version.
Amendment 253 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31 a) In accordance with national procedural law, evidence obtained before supervisory authorities should facilitate the work of courts and other authorities and thereby aid efficient and consistent decision making. Considering the need for an objective assessment of non- material damages based on the average data subject, civil courts may benefit from relying on established evidence to determine a claim under Article 82 of Regulation (EU) 679/2016, especially when a large number of data subjects are concerned.
Amendment 256 #
Proposal for a regulation
Recital 34
Recital 34
(34) The binding decision of the Board under Article 65(1), point (a), of Regulation (EU) 2016/679 should concern exclusively matters which led to the triggering of the dispute resolution and be drafted in a way which allows the lead supervisory authority to adopt its final decision on the basis of the decision of the Board while maintaining its discretion.
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down procedural rules for the handling of complaints and the conduct of investigations in complaint- based and ex officio cases by supervisory authorities in theregard to cross-border enforcementprocessing as defined in Article 4(23) of Regulation (EU) 2016/679.
Amendment 265 #
Proposal for a regulation
Article 2 – paragraph 2 – point 2
Article 2 – paragraph 2 – point 2
(2) ‘summary of key issues’ means the summary to be provided by the lead supervisory authority to supervisory authorities concerned identifying the main relevant factsual and legal issues within the preliminary scope of investigation, and the lead supervisory authority’s views on the case;
Amendment 277 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The supervisory authority with which the complaint was lodged shall establishdetermine, by way of preliminary conclusion, whether the complaint relates to cross-border processing, which supervisory authority is the assumed lead supervisory authority under Article 56(1) GDPR, and whether the case is local in nature pursuant to Article 56(2) of Regulation (EU) 2016/679.
Amendment 284 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Upon assessment of the completeness of the information required by the Form, the supervisory authority with which the complaint was lodged shall transmit the complaint to the lead supervisory authority, unless an amicable settlement as provided for in Article 5 has been reached.
Amendment 288 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Where the complainant claims confidentiality when submitting a complaint, the complainant shall also submit a non-confidential version of the complaint, in accordance with national law.
Amendment 289 #
Proposal for a regulation
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5 a. When the complianant claims confidentiality when submitting a complaint, both the CSAs and the LSA shall have access to the confidential version of the complaint.
Amendment 297 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
A complaint may be resolved by amicable settlement between the complainant and the parties under investigation at any time, where the individual complainant’s rights are the subject of the complaint. Where the supervisory authority considers that an amicable settlement to the complaint has been found, it shall communicate the proposed settlement to the complainant. If the complainant does not object to the amicable settlement proposed by the supervisory authority within one month, the complaint shall be deemed withdrawn.
Amendment 300 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
The complaint-receiving supervisory authority may facilitate an amicable settlement prior to transmitting the complaint to the lead supervisory authority, if appropriate in the view of the circumtances of the case. In such circumstances, the receiving supervisory authority shall communicate the case and outcome to the lead supervisory authority in a timely manner.
Amendment 302 #
Proposal for a regulation
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
The lead supervisory authority may facilitate an amicable settlement after receiving the case, and shall obtain the views of the supervisory authorities concerned on the proposed settlement before finalising it. In such circumstances, the provisions of Article 60 of Regulation (EU) 2016/679 should apply in full. A failed attempt at amicable settlement by the complaint-receiving supervisory authority does not preclude the lead supervisory authority from facilitating an amicable settlement.
Amendment 307 #
Proposal for a regulation
Article 6
Article 6
Amendment 314 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The lead supervisory authority shall regularly update the other supervisory authorities concerned about the investigation and provide the other supervisory authorities concerned, at the earliest conveniencewithout delay, with all relevant information once available.
Amendment 317 #
Proposal for a regulation
Article 8 – paragraph 2 – point i
Article 8 – paragraph 2 – point i
(i) the views of the complainant on the preliminary findingsnon-confidential version of the preliminary findings, and, if applicable, other aspects of the investigation on which formal submissions in writing have been made by the complainant;
Amendment 319 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Once the lead supervisory authority has formed a preliminary view on the main issues in an investigation, it shall draft a summary of key issues for the purpose of cooperation under Article 60(1) of Regulation (EU) 2016/679, and provide this summary to the concerned supervisory authorities.
Amendment 329 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 333 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Cases where none of the supervisory authorities concerned provided comments under paragraph 3 of this Article shall be considered non-contentious cases. In such cases, the preliminary findings referred to in Article 14 shall be communicated to the parties under investigation within 96 months of the expiry of the deadline provided for in paragraph 3 of this Article.
Amendment 337 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. A supervisory authority concerned shallmay make a request to the lead supervisory authority under Article 61 of Regulation (EU) 2016/679, Article 62 of Regulation (EU) 2016/679, or both, where, following the comments of supervisory authorities concerned pursuant to Article 9(3), a supervisory authority concerned disagrees with the assessment of the lead supervisory authority on:
Amendment 338 #
Proposal for a regulation
Article 10 – paragraph 1 – point c a (new)
Article 10 – paragraph 1 – point c a (new)
(c a) preliminary identification of potential corrective measure(s)
Amendment 343 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. Where, in a complaint-based investigation, there is no consensus between the lead supervisory authority and one or more concerned supervisory authorities on the matters referred to in Article 9(2), the lead supervisory authority or one of the supervisory authorities concerned may also request an urgent binding decision of the Board under Article 66(3) of Regulation (EU) 2016/679 without a request under Article 61 of Regulation (EU) 2016/679 or Article 62 of Regulation (EU) 2016/679 having been made. In that case, the conditions for requesting an urgent binding decision under Article 66(3) of Regulation (EU) 2016/679 shall be presumed to be met.
Amendment 344 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Where, in a complaint-based investigation, there is noand if the procedure provided for in paragraph 3 of this Article fails to generate consensus between the lead supervisory authority and one or more concerned supervisory authorities on the matters referred to in Article 9(2), point (b), of this Regulation, the leadthe lead supervisory authority, or one of the supervisory authorityies concerned, shall request an urgent binding decision of the Board under Article 66(3) of Regulation (EU) 2016/679. In that case, the conditions for requesting an urgent binding decision under Article 66(3) of Regulation (EU) 2016/679 shall be presumed to be met.
Amendment 348 #
Proposal for a regulation
Article 10 – paragraph 5 – introductory part
Article 10 – paragraph 5 – introductory part
5. When a requesting for an urgent binding decision of the Board pursuant to paragraph 4 of this Article has been made, the lead supervisory authority shall provide all of the following:
Amendment 353 #
Proposal for a regulation
Article 10 – paragraph 5 – point a
Article 10 – paragraph 5 – point a
(a) the documents referred to in Article 9(2), points (a) and (b);
Amendment 356 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. The Board may request the lead supervisory authority to provide other documents or information, as it deems appropriate in the particular case.
Amendment 358 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board shall adopt an urgent binding decision on the scope of the investigation on the basis of all the documents received; the comments of the supervisory authorities concerned, and the position of the lead supervisory authority on those comments.
Amendment 363 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Following the procedure provided for in Article 9 and 10, the lead supervisory authority shall provide the supervisory authority with which the complaint was lodged and the supervisory authorities concerned with the reasons for its preliminary view that the complaint should be fully or partially rejected, and invite them to submit their views no later than one week following receipt.
Amendment 364 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The supervisory authority with which the complaint was lodged shall inform the complainant of the reasons for the intended full or partial rejection of the complaint and set a time-limit within which the complainant may make known her or his views in writing. The time-limit shall be no less than three weeks from receipt by the complainant of the notification of intention to reject the complaint partially or in full from the supervisory authority with which the complaint was lodged. The supervisory authority with which the complaint was lodged shall inform the complainant of the consequences of the failure to make her or his views known.
Amendment 365 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. If the complainant fails to make known her or his views within the time- limit set by the supervisory authority with which the complaint was lodged, the complaint shall be deemed to have been withdrawnclosed and a decision adopted in accordance with Article 60(3) and (8) of Regulation (EU)_2016/679.
Amendment 367 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. If the complainant makes known her or his views within the time-limit set by the supervisory authority with which the complaint was lodged and the views do not lead to a change in the preliminary view that the complaint should be fully or partially rejected, the lead supervisory authority with which the complaint was lodged shall prepare the draft decision under Article 60(3) of Regulation (EU) 2016/679 which shall be submitted to the other supervisory authorities concerned by the lead supervisory authority pursuant to Article 60(3) of Regulation (EU) 2016/679.
Amendment 379 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The lead supervisory authority shall, when notifying the preliminary findings to the parties under investigation, set a time-limit of four weeks within which these parties may provide their views in writing. The lead supervisory authority shall not be obliged to take into account written views received after the expiry of that time-limit.
Amendment 386 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where the lead supervisory authority issues preliminary findings relating to a matter in respect of which it has received a complaint, the supervisory authority with which the complaint was lodged shall provide the complainant with a non-confidential version of the preliminary findings and set a time-limit of four weeks within which the complainant may make known its views in writing, as well as provide any relevant documents or information, if necessary.
Amendment 387 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where tThe lead supervisory authority considers that it is necessaryshould make provision for the complainant to be provided with documents included in the administrative file in order for the complainant to effectively make known her or his views on the preliminary findings, t. The supervisory authority with which the complaint was lodged shall provide the complainant with the non-confidential version of such documents when providing the preliminary findings pursuant to paragraph 1.
Amendment 390 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Before receiving the non- confidential version of preliminary findings and any documents provided pursuant to paragraph 3, the complainant shall send to the leadcomplaint-receiving supervisory authority a cnonfidentiality-disclosure declaration, where the complainant commits himself or herself not to disclose any information or assessment made in the non-confidential version of preliminary findings or to use those findings for purposes other than the concrete investigation in which those findings were issued.
Amendment 391 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15a Minimum requirements for decisions 1. Without prejudice to additional requirements under national law, any draft decision or final decision under Article 60(3), (5) or (7) to (9) of Regulation (EU) 2016/679 shall be issued in writing, using a short, concise, transparent, intelligible form and clear and plain language. It shall be drafted in an impartial way, taking into account diverging evidence and views of the parties and at least contain the following elements: (a) the name of the supervisory authority that issued the decision; (b) the date of the decision; (c) a summary of the relevant facts of the case and their source; (d) the legal grounds for the decision; (e) the corrective powers exercised, penalties levied, or other measures; and (f) information on the right to an effective remedy under Article 78 of Regulation (EU) 2016/679 and any applicable national procedural law.
Amendment 396 #
Proposal for a regulation
Article 18
Article 18
Amendment 398 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The administrative file in an investigation concerning an alleged infringement of Regulation (EU) 2016/679 consists of all documents which have been obtained, produced and/or assembled byduring the procedure before the lead supervisory authority during the investigation.
Amendment 402 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Documents obtained by the parties under investigation through access to the administrative file pursuant to this Article shall be used only for the purposes of judicial or administrative proceedings for the application of Regulation (EU) 2016/679 in the specific case for which such documents were provided.
Amendment 404 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Unless otherwise provided in this Regulation, information collected or obtained by a supervisory authority in cross-border cases under of Regulation (EU) 2016/679, including any document containing such information, shall not be communicated or made accessible by the supervisory authority in so far as it contains business secrets or other confidential information of any person. This provision does does not prohibit the communication and sharing of confidential information between the lead supervisory authority and the supervisory authorities concerned.
Amendment 407 #
Proposal for a regulation
Article 22 – paragraph 2 – point a a (new)
Article 22 – paragraph 2 – point a a (new)
(a a) the summary of key issues;
Amendment 409 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The Board shall within fourthree weeks of receiving all of the documents listed in paragraph 2 identify retained relevant and reasoned objections.
Amendment 410 #
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
3 a. The prohibition provided for in Article 65(4) of Regulation (EU) 2016/679 for supervisory authorities to adopt a decision on the subject matter submitted to the Board during the periods referred to in Article 65(2) of Regulation (EU) 2016/679 and Article 65(3) of that Regulation shall also apply during the periods referred in paragraph 3 of this Article.
Amendment 412 #
Proposal for a regulation
Article 23 – paragraph 1 – point f
Article 23 – paragraph 1 – point f
(f) the reasons on the basis of which the lead supervisory authority did not follow the retained relevant and reasoned objections, or rejected them as not relevant or reasoned.
Amendment 413 #
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
Once all documents specified in subsection (1) have been received, the Chair of the Board is empowered to request from the LSA any additional information, documents or clarifications necessary for the EDPB to take a binding decision concerning all of the matters which are the subject of the relevant and reasoned objection(s). The LSA shall provide this additional documentation no later than one week after having received the request.
Amendment 415 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The parties under investigation and/or, in the case of full or partial rejection of a complaint, the complainant, shall have onetwo weeks from receipt of the statement of reasons referred to in paragraph 1 to make their views known.
Amendment 417 #
Proposal for a regulation
Article 25 – paragraph 1 – point a a (new)
Article 25 – paragraph 1 – point a a (new)
(a a) a description of processing activities, a description of the company's organisation and a description of where decisions are taken;
Amendment 418 #
Proposal for a regulation
Article 25 – paragraph 1 – point d
Article 25 – paragraph 1 – point d
(d) the views of other supervisory authorities concerned by the referral, which may include relevant information or documentation;
Amendment 421 #
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) the views of the supervisory authority referring the subject-matter or the Commission as to whether, as the case may be, a supervisory authority was required to communicate the draft decision to the Board pursuant to Article 64(1) of Regulation (EU) 2016/679, or a supervisory authority did not follow an opinion of the Board issued pursuant to Article 64 of Regulation (EU) 2016/679, to include an explanation of which points were not followed and a reference to the relevant part of the adopted decision.
Amendment 422 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
Amendment 423 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The Chair of the Board shall register the referral no later than one week after having received all of the documents referred to in paragraphs 1 and 2.
Amendment 425 #
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) a summary of the relevant facts, to include evidence of an infringement of Regulation EU 2016/679, an explanation of the risk of serious and irreparable harm without the adoption of measures, and detail regarding the causal link between the infringement and the risks outlined;
Amendment 426 #
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) a description of the provisional measure adopted on its own territorythe territory of the Member State of the supervisory authority requesting the opinion, its duration and the reasons for adopting it, including the justification of the urgent need to act in order to protect the rights and freedoms of data subjects;
Amendment 427 #
Proposal for a regulation
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) a justification of the urgent need for final measures to be adopted on the territory of the Member State of the requesting supervisory authority, including an explanation of the exceptional nature of circumstances requiring the adoption of the measures concerned.
Amendment 428 #
Proposal for a regulation
Article 27 – paragraph 1 – point c a (new)
Article 27 – paragraph 1 – point c a (new)
(c a) where the requesting authority is not the lead supervisory authority, the views of the lead supervisory authority;
Amendment 429 #
Proposal for a regulation
Article 27 – paragraph 1 – point c b (new)
Article 27 – paragraph 1 – point c b (new)
(c b) where applicable, the views of the parties under investigation against which provisional measures were taken pursuant to Article 66(1) of Regulation (EU) 2016/679.
Amendment 430 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The urgent opinion of the Board shall be addressed to theall supervisory authority that submitted the request. It shall be similar to an opinion within the meaning of Article 64(1) of Regulation (EU) 2016/679 and enable the requesting authority to maintain or amend its provisional measure in line with the obligations of Article 64(7) of Regulation (EU) 2016/679.ies
Amendment 431 #
Proposal for a regulation
Article 28 – title
Article 28 – title
Urgent binding decisions under Article 66(2) of Regulation (EU) 2016/679
Amendment 432 #
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. A request for an urgent binding decision of the Board pursuant to Article 66(2) of Regulation (EU) 2016/679 shall be made no later than three weeks prior to the expiryafter the adoption of provisional measures adopted under Articles 61(8), 62(7) or 66(1) of Regulation (EU) 2016/679. That request shall contain all of the following items:
Amendment 433 #
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(a) a summary of the relevant facts, to include evidence of an infringement of Regulation EU 2016/679, an explanation of the risk of serious and irreparable harm without the adoption of measures, and detail regarding the causal link between the infringement and the risks outlined;
Amendment 434 #
(d) a justification of the urgent need for final measures to be adopted on the territory of the requesting supervisory authority, bearing in mind the exceptional nature of circumstances requiring the adoption of the final measure, or proof that a supervisory authority failed to respond to a request under Article 61(3) or 62(2) of Regulation (EU) 2016/679;
Amendment 437 #
Proposal for a regulation
Article 28 – paragraph 1 – point f
Article 28 – paragraph 1 – point f
(f) where applicable, the views of the local establishment of the parties under investigation against which provisional measures were taken pursuant to Article 66(1) of Regulation (EU) 2016/679.;
Amendment 439 #
Proposal for a regulation
Article 28 – paragraph 1 – point f a (new)
Article 28 – paragraph 1 – point f a (new)
(f a) where applicable, the views of complainant(s) made in writing.
Amendment 440 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The urgent decision referred to in paragraph 1 shall be addressed to the supervisory authority that submitted the request and shall enable the requesting authority to maintain or amend its provisional measureies concerned and shall shall specify the supervisory authorities that will need to adopt measures, if applicable, in light of the urgent opinion or decision of the Board pursuant to Article 66(2) of Regulation (EU) 2016/679.
Amendment 442 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Where the Board adopts an urgent binding decision indicating that final measures should be adopted, the supervisory authority or authorities to which the decision is addressed shall adopt such measures prior to the expiry of the provisional measures adopted under Article 66(1) of Regulation (EU) 2016/679.
Amendment 445 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The supervisory authority that submitted the request referred to in paragraph 1 shall notify its decision on the final measures to the establishment of the controller or processor on the territory of its Member State and inform the Board. Where the lead supervisory authority is not the requesting authority, the requesting authority shall inform the lead supervisory authority of the final measure.