In continuation to our last post we will discuss the provisions contained under chapter 7 of GDPR related to cooperation and consistency.
Mutual Assistance:
The provisions related to mutual assistance has been provided under section 61 of GDPR and they are:-
- Supervisory authorities must provide each other with relevant information and mutual assistance in order to implement and apply GDPR in a consistent manner, and shall put in place measures for effective cooperation with one another. Mutual assistance must cover, in particular, information requests and supervisory measures, such as requests to carry out prior authorisations and consultation, inspections and investigations.
- Each supervisory authority shall take all appropriate measures required to reply to a request of another supervisory authority without undue delay and no later than 1 month after receiving the request. Such measures may include, in particular, the transmission of relevant information on the conduct of an investigation.
- Requests for assistance shall contain all the necessary information, including the purpose of and reasons for the request. Information exchanged shall be used only for the purpose for which it was requested.
- The requested supervisory authority must not refuse to comply with the request unless it is not competent for the subject-matter of the request or for the measures it is requested to execute or compliance with the request would infringe the provisions of GDPR or Union or Member state law to which the supervisory authority receiving the request is subject.
- The requested supervisory authority must inform the requesting supervisory authority of the results or, as the case may be, of the progress of the measures taken in order to respond to the request. The requested supervisory authority shall provide reasons for any refusal to comply with a request as per article 61(4).
- Requested supervisory authorities must not charge a fee for any action taken by them pursuant to a request for mutual assistance. Supervisory authorities may agree on rules to indemnify each other for specific expenditure arising from the provision of mutual assistance in exceptional circumstances.
- The Commission may, by means of implementing acts, specify the format and procedures for mutual assistance referred to under article 61 and arrangements for the exchange of information by electronic means between supervisory authorities, and between supervisory authorities and the Board, in particular the standardised format referred under article 61 (6). It is must to remember that the implementing acts shall be adopted in accordance with the examination procedure as referred in article 93(2).
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