Europejska Rada Ochrony Danych, Guidelines 03/2021 on the application of Article 65(1)(a) GDPR

Guidelines 03/2021 on the application of Article 65(1)(a) GDPR

Version 2.0

Adopted on 24 May 2023

Executive summary

Article 65(1)(a) GDPR is a dispute resolution mechanism meant to ensure the correct and consistent application of the GDPR in cases involving cross-border processing of personal data. It aims to resolve conflicting views among the LSA(s) and CSA(s) on the merits of the case, in particular whether there is an infringement of the GDPR or not, in order to ensure the correct and consistent application of the GDPR in individual cases. These Guidelines clarify the application of the dispute resolution procedure under Article 65(1)(a) GDPR.

Article 65(1)(a) GDPR requires the EDPB issues a binding decision whenever a Lead Supervisory Authority (LSA) issues a draft decision and receives objections from Concerned Supervisory Authorities (CSAs) that either it does not follow or it deems to be not relevant and reasoned

These Guidelines clarify the applicable legal framework and main stages...