1. A request for an urgent opinion of the Board pursuant to Article 66(2) of Regulation (EU) 2016/679 shall be made no later than four weeks prior to the expiry of provisional measures adopted under Article 66(1) of that Regulation and shall contain the following:
|
(a) |
a summary of the relevant facts, including the allegations of infringement of Regulation (EU) 2016/679; |
|
(b) |
the provisional measure adopted on the territory of the Member State of the supervisory authority requesting the urgent opinion, its duration and the reasons for adopting it, including a justification of the urgent need to act in order to protect the rights and freedoms of data subjects; |
|
(c) |
a justification of the urgent need for final measures to be adopted, including an explanation of the exceptional nature of circumstances requiring the adoption of those final measures. |
2. The Board may request further documents from a supervisory authority with respect to the subject matter submitted to it for an urgent opinion.
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.
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 four weeks prior to the expiry of provisional measures adopted under Article 61(8), Article 62(7) or Article 66(1) of that Regulation. That request shall contain the following:
|
(a) |
a summary of the relevant facts, including the allegations of infringement of Regulation (EU) 2016/679; |
|
(b) |
the provisional measure adopted on the territory of the Member State of the supervisory authority requesting the urgent binding decision, its duration and the reasons for adopting it, including a justification of the urgent need to act in order to protect the rights and freedoms of data subjects; |
|
(c) |
information on any investigative measures taken on the territory of the Member State of the supervisory authority requesting the urgent binding decision and responses received from the parties under investigation or any other information in the possession of that requesting supervisory authority; |
|
(d) |
a justification of the urgent need for final measures to be adopted, bearing in mind the exceptional nature of circumstances requiring the adoption of those measures, or proof that a supervisory authority failed to comply with Article 61(5) or Article 62(2) of Regulation (EU) 2016/679; |
|
(e) |
where the requesting supervisory authority is not the lead supervisory authority, the views of the lead supervisory authority; |
|
(f) |
where applicable, the views of the local establishment of the parties under investigation to which the provisional measures referred to in Article 66(1) of Regulation (EU) 2016/679 were addressed. |
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 the receipt of 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.
4. Where the Board adopts an urgent binding decision indicating that final measures are to be adopted, the supervisory authority 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.
5. Where an urgent binding decision indicates that final measures do not urgently need to be adopted, the lead supervisory authority and the other supervisory authorities concerned shall follow the procedure in Article 60 of Regulation (EU) 2016/679.
1. A request for an urgent opinion or an urgent binding decision of the Board pursuant to Article 66(3) of Regulation (EU) 2016/679 shall contain the following:
|
(a) |
a summary of the relevant facts; |
|
(b) |
a justification of the urgent need to take appropriate measures in order to protect the rights and freedoms of data subjects, bearing in mind the exceptional circumstances requiring the adoption of such measures, in particular any elements which the competent supervisory authority should have taken into account in order to protect the rights and freedoms of data subjects; |
|
(c) |
where relevant and available, information on any investigative measures taken by the requesting supervisory authority on the territory of the Member State of the supervisory authority requesting an urgent opinion or an urgent binding decision and replies received from the parties under investigation or any other information in the possession of that requesting supervisory authority; |
|
(d) |
the views of the competent supervisory authority referred to in Article 66(3) of Regulation (EU) 2016/679. |
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.
Previous article