What changed between the draft committee report and the plenary report

Removed:Article 5 – paragraph 1 b (new): 1b. The supervisory authority is not bound by the amicable settlement. It shall in particular open an ex officio investigation instead, where / (a) the party under investigation is a repeat offender, / (b) the party under investigation has been the subject of a large number of other amicable settlements,, / (c) the broad subject matter of the complaint concerns a large number of data subjects other than the complainant; or / (d) the consequence of the processing which has been subject to the complaint is of long duration or serious nature.

Removed:A dispute settlement between two parties is usually seen as a contract between these parties, not an act between a party and an authority. EDPB, para 32.

Removed:Article 5 a (new): Article 5a / Request for an ex officio procedure / 1. The lead supervisory authority may open an ex officio procedure at any time. / 2. Where it considers that Regulation (EU) 2016/679 may be violated, any concerned supervisory authority may request an ex officio procedure by submitting a written request to the lead supervisory authority. Such a request shall contain at least: / (a) a declaration to be a concerned supervisory authority; / (b) any evidence of the violation; / (c) a summary of key issues pursuant to Article 9; / 3. Within three weeks, the assumed lead supervisory authority shall: / (a) inform the concerned supervisory authority that it has opened an ex officio procedure.; / (b) inform the concerned supervisory authority that Article 56(2) of Regulation (EU) 2016/679 applies to the case and that in accordance with Article 56(3) of Regulation (EU) 2016/679 the lead supervisory authority does not intend to handle the case itself in line ; or / (c) reject the request, if it takes the view that it is not the lead supervisory authority or there is no violation of Regulation (EU) 2016/679. / In the case referred to in point (a) of this paragraph, the concerned supervisory authority may submit to the lead supervisory authority a draft decision pursuant to Article 56(4) of Regulation (EU) 2016/679 / In the case referred to in point (c) of this paragraph, the concerned supervisory authority may resubmit an amended request for an ex officio procedure, or request a determi…

Removed:Deadline of three weeks in para 3 from Article 56 GDPR.

Article 6: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Change 43

Removed:Moved to Article 2d, as the matter of translations does not only concern complaints procedures but any form of cooperation.

Added:Chapter III – title: Cooperation under Article 60 of Regulation (EU) 2016/679 and with other relevant authorities

Removed:Article 7 – title: Cooperation between supervisory authorities and between supervisory authorities and other relevant authorities

Removed:Article 7 – paragraph 1 a (new): Supervisory authorities shall strive to communicate the information obtained in the context of the procedures set out in this Regulation to national and Union supervisory authorities competent in other areas, including competition, financial services, energy, telecommunications and consumer protection authorities, where the information is deemed relevant to the tasks and duties of those authorities.

Removed:Recognising that investigation on infringements in the area of data protection might provide evidence on infringements in other areas. This is a demand from many civil society organisations.

Article 7 – paragraph 2: deleted

Change 44

Removed:If the parties cannot bring a claim in national courts over the lack of cooperation, this would in many cases make Article 78 GDPR inefficient if the “problem” for a missing decision lies in the lack of cooperation and cannot be tackled by the parties. EDPB, para 29.

Added:Article 8 – paragraph 1: 1. The lead supervisory authority shall provide the other supervisory authorities concerned with instant, unrestricted and continuous remote access to the full joint case file, and shall include in the joint case file all relevant information, in particular documents, submissions, memos and other information related to the case within one week from producing or receiving them.

Change 45

Changed:Article 8 – paragraph 1:2 1.– introductory part: 2. The lead supervisory authority shall actively provide and notify the other supervisory authorities andconcerned theand, Boardwhere withnecessary instant,for unrestricteddispute andresolution continuousunder remoteArticle access65 toof theRegulation full(EU) joint2016/679, casethe file,Board, andwith shallrelevant includeinformation intowithin the jointmeaning caseof fileArticle any60(1) documents,and submissions,(3) communication,of protocols,that evidenceRegulation, within one week from producing or otherreceiving it. This information relatedshall tocover theinformation caseon withinmajor onesteps weekin ofthe producingprocedure, orincluding receivingwhere it.applicable:

Change 46

Removed:Article 8 – paragraph 2 – introductory part: 2. The lead supervisory authority shall actively provide the other supervisory authorities and the Board with relevant information within the meaning of Article 60(1) and (3) of Regulation (EU) 2016/679, within one week from receiving or producing it. This information shall cover information on major steps in the procedure, including where applicable:

Added:Article 8 – paragraph 2 – point a: (a) information on the opening of an ex officio investigation or of a complaints procedure;

Removed:Article 8 – paragraph 2 – point a: (a) information on the opening of an ex officio investigation or a complaints procedure;

Article 8 – paragraph 2 – point e: (e) the issuing or updating of the summary of key issues in an investigation in accordance with Article 9;

Change 47

Changed:Article 8 – paragraph 2 – point e a (new): (e a)(ea) any comments to a summary of key issues in accordance with Article 9(3);

Article 8 – paragraph 2 – point f: (f) information concerning steps aiming to establish an infringement of Regulation (EU) 2016/679 prior to the preparation of preliminary findings and prior to the preparation of the draft decision;

Change 48

Removed:Article 8 – paragraph 2 – point h: deleted

Added:Article 8 – paragraph 2 – point i: (i) the views of the complainant on the non-confidential version of the preliminary findings and, if applicable, other aspects of the investigation on which formal written submissions have been made by the complainant;

Removed:Following the deletion of Article 15.

Added:Article 8 – paragraph 2 – point k a (new): (ka) any draft decision in accordance with Article 60(3) of Regulation (EU) 2016/679 or revised draft decision in accordance with Article 60(5) of Regulation (EU) 2016/679;

Removed:Article 8 – paragraph 2 – point i: deleted

Added:Article 8 – paragraph 2 – point k b (new): (kb) any relevant and reasoned objections in accordance with Article 60(4) of Regulation (EU) 2016/679;

Removed:Following the deletion of Article 15.

Added:Article 8 – paragraph 2 – point k c (new): (kc) any judicial remedy brought during a procedure under Article 60 of Regulation (EU) 2016/679 or against a decision under Article 60(7) to (9) of Regulation (EU) 2016/679.

Removed:Article 8 – paragraph 2 – point j: deleted

Added:Article 9 – paragraph 1: 1. Within four weeks after having received a complaint, or a request to open an ex officio procedure, the lead supervisory authority shall draft a summary of key issues that presumably need to be determined in order to decide the case, for the purpose of cooperation under Article 60(1) of Regulation (EU) 2016/679, and provide this summary to the supervisory authorities concerned. The summary shall be drafted in an impartial way, taking into account any diverging facts and arguments. When transferring a case to the lead supervisory authority pursuant to Article 3(2), point (c), point (i), the concerned supervisory authority may provide a draft of a summary of key issues, which is not binding on the lead supervisory authority.

Removed:Following the deletion of Article 15.

Removed:Article 8 – paragraph 2 – point k: deleted

Removed:Following the deletion of Article 15.

Removed:Article 8 – paragraph 2 – point k a (new): (k a) any draft decision in accordance with Article 60(3) of Regulation (EU) 2016/679 or revised draft decision in accordance with Article 60(5) of Regulation (EU) 2016/679;

Removed:Article 8 – paragraph 2 – point k b (new): (k b) any relevant and reasoned objections in accordance with Article 60(4) of Regulation (EU) 2016/679;

Removed:Article 8 – paragraph 2 – point k c (new): (k c) any judicial remedy brought during a procedure under Article 60 of Regulation (EU) 2016/679 or against a decision under Article 60(7) to (9) of Regulation (EU) 2016/679.

Removed:Article 9 – paragraph 1: 1. At the outset of any case, the lead supervisory authority, or where a case is transferred from another supervisory authority, that authority, shall draft a summary of key issues that presumably need to be determined to decide the case, for the purpose of cooperation under Article 60(1) of Regulation (EU) 2016/679. The summary shall be drafted in an impartial way, taking into account any diverging facts and arguments.

Removed:Under Article 3(2), the summary of key issues should be drafted by the CSA that receives a complaint, as it will best understand the concern of the data subject and is under the jurisdiction for appeals in case a complaint is rejected. EDPB, para 50.

Article 9 – paragraph 2 – point a: (a) the relevant facts;

Change 49

Changed:Article 9 – paragraph 2 – point b: (b) a preliminary identification of the scope of the investigation, in particular the provisions of Regulation (EU) 2016/679 concerned by the alleged infringementinfringement, ,and, andwhere applicable, an indication ifof whether they seemappear to behave been infringed;

Change 50

Changed:Article 9 – paragraph 2 – point c: (c) identificationpreliminary offactual or legal andassessments, technologicaldealing assessmentswith whichall arerelevant views as expressed by parties when the summary is drafted, and including relevant forEuropean preliminarycase orientationlaw, ofas theirwell assessment;as guidelines, recommendations and best practices issued by the Board;

Change 51

Removed:EDPB para 52.

Added:Article 9 – paragraph 2 a (new): 2a. The summary of key issues shall be updated by the lead supervisory authority without undue delay to reflect any factual or legal changes that emerge during the course of the procedure.

Removed:Article 9 – paragraph 2 – point c a (new): (c a) where applicable, European case law, as well as guidelines, recommendations and best practices issued by the Board, that would determine the matter, and an indication if the supervisory authority intends to follow them;

Added:Article 9 – paragraph 3: 3. The supervisory authorities concerned may provide factual or legal comments on the summary of key issues. Such comments must be provided within four weeks of receipt of the summary of key issues or any update of it, in accordance with Article 60 of Regulation (EU) 2016/679.

Removed:Article 9 – paragraph 2 a (new): 2a. The summary of key issues shall be updated by the lead supervisory authority without undue delay to reflect any material changes that emerge during the course of the procedure.

Removed:Article 9 – paragraph 3: 3. The supervisory authorities concerned may provide comments on the summary of key issues. Such comments must be provided within four weeks of receipt of the summary of key issues or any update.

Article 9 – paragraph 4: deleted / (deleted) / (deleted) / (deleted)

Change 52

Removed:Moved to a horizontal provision on all communications in Article 2c(8).

Article 9 – paragraph 5: deleted

Change 53

Removed:EDPB para 54. (EDPB Rules of Procedure can specify this already anyway.)

Added:Article 9 – paragraph 6: 6. Cases where none of the supervisory authorities concerned provided comments under paragraph 3 of this Article which challenge the summary of key issues or raise other important factual or legal questions shall be considered non-contentious cases. In such cases, the deadline to issue a draft decision referred to in Article 4(1b) shall be 3 months.

Removed:Article 9 – paragraph 6: 6. Cases where none of the supervisory authorities concerned provided comments under paragraph 3 of this Article, and where the supervisory authority indicates that it intends to follow European case law, as well as guidelines, recommendations and best practices referred to in paragraph 2(ca), shall be considered non-contentious cases. In such cases, the preliminary findings referred to in Article 14 shall be communicated to the parties within 3 months of the expiry of the deadline provided for in paragraph 3 of this Article.

Added:Chapter III – Section 2 – title: Cooperation with other relevant authorities

Removed:3 months: rapid decision-making in non-contentious cases requires shorter deadlines.

Added:(Heading “Section II” is placed after Article 9 and its title is changed)

Removed:Article 10 – paragraph 1: deleted / (deleted) / (deleted) / (deleted)

Added:Article 10 – paragraph 1 – introductory part: 1. A supervisory authority concerned shall make a request to the lead supervisory authority under Article 61 or Article 62 of Regulation (EU) 2016/679, or both, where, following the comments of supervisory authorities concerned pursuant to Article 9(3), a supervisory authority concerned disagrees with the assessment of the lead supervisory authority on:

Removed:Covered by horizontal provisions in new Article 2c now.

Added:Article 10 – paragraph 1 – point b: (b) preliminary factual or legal assessments identified by the lead supervisory authority pursuant to Article 9(2), point (c);