Article 65 of the GDPR: Dispute resolution by the European Data Protection Board
Article 65 of the GDPR: Dispute resolution by the European Data Protection Board
Article 65 of the GDPR confers on European Data Protection Board (EDPS) binding decision-making power in the event of disagreement between supervisory authorities. This is an essential mechanism to ensure a consistent and uniform application of the GDPR in complex cross-border situations.
Article 65 of the GDPR explained
The EDPS may be contacted to resolve a dispute in the following cases:
- Supervisory authorities fail to agree on a draft decision in a cross-border procedure;
- A relevant authority has raised a relevant and reasoned objection which is not taken into account;
- The lead partner refuses to follow the EDPS opinion delivered under Article 64.
The EDPS then adopts one binding decision, to which national authorities must comply.
Why is this article important for your GDPR compliance?
This mechanism guarantees the GDPR Interpretation Unit on a European scale and avoids contradictory decisions. For a company, this means greater legal certainty and better readability of the applicable rules.
How to comply with Article 65 of the GDPR?
- Anticipate cases of cross-border processing that could lead to disagreements between authorities;
- Monitor binding decisions published by the EDPS;
- Align your documentation and processing with the arbitrations rendered by the Committee;
- Cooperate with your lead authority in the event of a coordinated procedure.
Examples of application of Article 65 of the GDPR
- The EDPS decides between an authority wishing to sanction a social platform and another refusing the sanction;
- The Committee imposes a guideline on the legitimacy of consent in mobile applications;
- A dispute over the definition of competent authority is resolved by a decision of the EDPS.
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