In our last article (link here- https://worldprivacylaw.com/?p=795) we were discussing the provisions related to the opinion and dispute resolution by the Board under chapter 7 of the GDPR. Since article 64 deals with the provisions of the opinion of the Board; article 65 provides the provisions for the dispute resolution mechanism by the Board.
Article 65 states that in order to ensure the correct and consistent application of GDPR in each individual cases, the board must adopt a binding decision in the following situations –
- Where, a supervisory authority concerned has raised a relevant and reasoned objection to a draft decision of the lead supervisory authority and the lead supervisory authority has not followed the objection or has rejected such an objection as being not relevant or reasoned. The binding decision must concern all the matters which are the subject of the relevant and reasoned objections, particularly to know whether there is an infringement of GDPR.
- Where there are conflicting views on which the supervisory authorities concerned are competent for the main establishment.
- Where a competent supervisory authority does not request the opinion of the board or does not follow the opinion of the board, the concerned supervisory authority or the commission may communicate the same to the Board.
The decision referred herein above must be referred within 1 month from the referral of the subject- matter by a two thirds majority of the members of the Board and the same period can be extended by a further month on account of complexity of the subject-matter. The decision must be a reasoned one and addressed to the lead supervisory authority and all the concerned supervisory authorities are binding by it.
In case the Board is unable to adopt a decision within the mentioned period, it shall adopt its decision within 2 weeks following the expiration of the second month by a simple majority of the members of the Board. Where the members of the board are split, the decision must be adopted by the vote of its chair.
The chair of the Board must notify without the undue delay to the concerned supervisory authority. It must also inform the commission thereof. The decision must be published on the website of the Board without delay after the concerned supervisory authority has notified the final decision as referred under the article i.e 65 (6).
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