Cooperation and Consistency under GDPR- Part 1

Chapter 7 of the GDPR speaks about the cooperation and consistency between the lead supervisory authority and the other concerned supervisory authorities. Section 60 of GDPR provides for the following in order to establish the cooperation between the lead supervisory authority and the other concerned supervisory authority-

  1. The lead supervisory authority must cooperate with the concerned supervisory authorities as per this article in an endeavour to reach consensus.
  1. The lead supervisory authority and the supervisory authorities concerned must exchange all relevant information with each other.
  1. The lead supervisory authority may request at any time other concerned supervisory authorities to provide mutual assistance as per the article 61 of the GDPR; and may conduct joint operations pursuant to article 62 of the GDPR, particularly in carrying out investigation or for monitoring the implementation of a measure concerning a controller or processor established in another Member States.
  1. The lead supervisory authority must, without delay, communicate the relevant information on the matter to the other concerned supervisory authority and without delay it must submit the draft decision to the other supervisory authorities concerned for their opinion and take due account of their views.
  1. Where any of the supervisory authorities intends to follow the relevant and reasoned objection made, it shall submit to the other supervisory authorities concerned a revised draft decision for their opinion. The revised draft decision shall be subject to the procedure under this article within a period of 2 weeks.
  1. Where none of the supervisory authority objects to the draft decision as per the timeline provided under this article, the lead supervisory authority and the concerned supervisory authority is deemed to be in agreement with the draft decision and must be bound by it. 
  1. The lead supervisory authority must adopt and notify the decision to the main establishment or single establishments of the controller or processor, as the case may be and inform the concerned supervisory authority and the Board of the decision in question, including a summary of the relevant facts grounds. The supervisory authority with which a complaint has been lodged shall inform the controller thereof.

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