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Article 60 GDPR: Cooperation between the lead authority and other supervisory authorities

Article 60 GDPR: Cooperation between the lead authority and other supervisory authorities

Article 60 of the GDPR organizes the cooperation between the lead supervisory authority and other relevant authorities when processing is cross-border in nature. It thus guarantees the consistency of regulation within the European Union.

Article 60 of the GDPR explained

Where several Member States are affected by processing, the lead authority:

  • Coordinates the procedure with other authorities;
  • Consult these before making any decision (shared draft decision);
  • Takes their observations into account and may modify its project accordingly;
  • If there is disagreement, the European Data Protection Board (EDPS) can decide.

This cooperation aims to guarantee harmonized application of the GDPR, while respecting national specificities.

Why is this article important for your GDPR compliance?

If you process data in several countries, Article 60 assures you a single point of contact, while ensuring that local authorities will be consulted. This allows more legal certainty and predictability in decision making.

How to comply with Article 60 of the GDPR?

  • Correctly identify your lead authority (section 56);
  • Maintain detailed documentation on your cross-border processing;
  • Cooperate fully with the designated authority, and prepare documents to share with other authorities involved;
  • Follow developments from the EDPS and case law on authority disagreements.

Examples of application of Article 60 of the GDPR

  • A French company operating in Spain and Italy receives an inspection from the CNIL, which consults its local counterparts before any decision;
  • A German authority raises an objection to a proposed sanction: the EDPS arbitrator;
  • A joint decision is taken after an investigation into advertising profiling in several European countries.

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