Article 66 of GDPR: Urgency Procedure
Article 66 of GDPR outlines the urgency procedure allowing a supervisory authority to take an urgent action derogating from the consistency mechanism provided under GDPR.
Urgent need to take action (Article 66(1) GDPR)
When the supervisory authority considers that there is an urgent situation requiring it to take immediate action, it can do so under the urgency procedure by way of derogation from the consistency mechanism.
The supervisory authority adopts an urgent measure in its territory producing legal effects for no longer than 3 months.
Immediately following the urgent measures taken, the supervisory authority must notify the European Data Protection Board and the Commission of its decision, the measures taken and the reasons for such measures.
Request for an urgent binding decision from the Board (Article 66(2) GDPR)
The supervisory authority can also request that the EDPB issue an urgent, final and binding decision with respect to an urgent matter by providing justification as to the reasons why.
Urgent decision when a competent supervisory authority does not act (Article 66(3) GDPR)
A supervisory authority can request that the EDPB render an urgent opinion or an urgent binding decision with respect to a situation it considers urgent for another supervisory authority to act but that supervisory authority has failed to do so.
Adoption of an urgent decision by simple majority (Article 66(4) GDPR)
An urgent and binding decision of the EDPB can be rendered within a period of 2 weeks based on a simple majority.
Recitals applicable to Article 66 of GDPR
Relevant Recitals: 137, 138
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Cited Legislation in Article 66 or relevant recitals
GDPR Text: Article 66 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)