GDPR Article 65: Dispute Resolution by the European Data Protection Board

Article 65 of the GDPR explained

The EDPB may be referred to in order to resolve a dispute in the following cases:

• The supervisory authorities fail to reach an agreement on a draft decision in a cross-border procedure;
• A concerned authority has raised a relevant and reasoned objection which is not taken into account;
• The lead supervisory authority refuses to follow the opinion of the EDPB issued under Article 64.

The EDPB then adopts a binding decision, which the national authorities must comply with.

Why This Article is Important for Your GDPR Compliance

This mechanism ensures uniform interpretation of the GDPR across Europe and prevents contradictory decisions. For a business, this means greater legal certainty and improved clarity of the applicable rules.

How to comply with Article 65 of the GDPR

• Anticipate cross-border processing cases that may lead to disagreements between authorities;
• Monitor binding decisions published by the EDPB;
• Align your documentation and processing operations with the arbitrations made by the Committee;
• Cooperate with your lead supervisory authority in the event of a coordinated procedure.

Examples of Article 65 GDPR Application

• The EDPB mediates a dispute between an authority wishing to sanction a social media platform and another refusing the sanction;
• The Committee sets out guidelines on the legitimacy of consent in mobile applications;
• A dispute concerning the definition of the competent authority is resolved by a decision of the EDPB.

Related Resources

• Official text of the GDPR – EUR-Lex
• Practical guides from the French supervisory authority
• European portal for data protection

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