Article 65 of GDPR: Dispute Resolution By The Board
Article 65 of GDPR gives the power to the Board to issue binding decisions to allow for the correct and consistent application of GDPR.
Binding decision of the Board (Article 65(1) GDPR)
In the following cases, the Board has the power to issue binding decisions:
- When the supervisory authority has raised an objection to the draft decision of a lead supervisory authority or when a lead supervisory authority has rejected a competent supervisory objection (Article 65(1)(a) GDPR)
- When there are conflicting views with the supervisory authority for the main establishment (Article 65(1)(c) GDPR)
- When the supervisory authority does not request an opinion of the Board or does not follow the Board’s opinion (Article 65(1)(c) GDPR)
Decision adopted by ⅔ majority (Article 65(2) GDPR)
The decision of the Board must be adopted by a ⅔ majority within 1 month from the referral of the matter.
The decision of the Board must be reasoned and binding on the lead supervisory authority and all concerned supervisory authorities.
When Board is unable to adopt a decision by ⅔ majority (Article 65(3) GDPR)
When the Board is unable to render a decision within a month, it shall have another 2 weeks to adopt a decision by a simple majority.
When the Board members remain split on a decision, the decision shall be adopted by a vote of the Chair.
Supervisory authorities not to adopt decision (Article 65(4) GDPR)
During the period of time the Board is given time to adopt its binding decision, the supervisory authorities are not authorized to adopt their draft decision on the subject-matter referred to the Board.
Notification of decision to the supervisory authorities (Article 65(5) GDPR)
When a decision is made, the Chair of the Board will notify the decision to the supervisory authorities concerned.
The decision must also be published on the Board’s website after the supervisory authorities have been notified.
Decision of the supervisory authorities (Article 65(6) GDPR)
The lead supervisory authority along with the supervisory authorities where a complaint was filed must adopt their final decision based on the decision of the Board within 1 month following the notification of the Board’s decision.
The supervisory authority will also notify the Board when the final decision has been notified to the data controller or data processor and to the data subject who may have filed a complaint.
Recitals applicable to Article 65 of GDPR
Relevant Recitals: 136
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Cited Legislation in Article 65 or relevant recitals
GDPR Text: Article 65 of GDPR and Relevant Recitals
GDPR Text Source: EUR-Lex
Official GDPR Text: General Data Protection Regulation
Official GDPR Title: REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), corrected by Corrigendum, OJL 127, 23.5.2018, p. 2 ((EU) 2016/679)