Article 61 of the GDPR: Mutual assistance between supervisory authorities
Article 61 of the GDPR: Mutual assistance between supervisory authorities
Article 61 of the GDPR establishes a principle of mutual assistance between supervisory authorities from different Member States. It ensures the administrative cooperation necessary to effectively enforce personal data rights at Union level.
Article 61 of the GDPR explained
Supervisory authorities must:
- Provide mutual assistance to ensure uniform application of the GDPR;
- Exchange any useful information, upon request or spontaneously;
- Respond within one month to requests from other authorities;
- Use restrictive measures if necessary (e.g. search, collection of evidence).
In the event of refusal of cooperation, the European Data Protection Board (EDPS) can intervene to resolve the dispute.
Why is this article important for your GDPR compliance?
This article ensures a consistency in controls and decisions within the EU. For companies operating in multiple countries, this strengthens the legal security and avoids contradictions between national authorities.
How to comply with Article 61 of the GDPR?
- Prepare so that your treatments can be reviewed jointly by multiple authorities;
- Cooperate with all relevant authorities if notified;
- Document your exchanges and justifications to facilitate the sharing of information in the event of an inspection;
- Respect coordinated decisions and timetables set by authorities.
Examples of application of Article 61 of the GDPR
- An Irish authority asks the CNIL for information on a company with a secondary entity in France;
- Two authorities cooperate to carry out control over geolocation practices common to several countries;
- An exchange of procedural documents is transmitted via the European administrative cooperation platform.
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