What changed between the adopted text of 10 Apr 2024 and the adopted text of 21 Oct 2025

Removed:Recital 5: (5) Supervisory authorities are obliged to decide on complaints within a reasonable timeframe. What is a reasonable timeframe depends on the circumstances of each case and, in particular, its context, the various procedural steps followed by the lead supervisory authority, the conduct of the parties in the course of the procedure and the complexity of the case. Article 6 of the European Convention on Human Rights (ECHR) and Articles 41 and 47 of the Charter require a reasonable overall duration of procedures. Given that this includes judicial remedies under Article 78 of Regulation (EU) 2016/679, procedures before supervisory authorities should typically not take more than nine months, unless exceptional circumstances arise. This Regulation foresees prolongations for delays or disruptions that are outside of the control of the lead supervisory authority. To that end, sufficient funding and staffing should be ensured in order to guarantee a timely and efficient handling of cases that does not affect the right to a good administration.

Removed:Recital 5 a (new): (5a) The direct interaction between Member States’ supervisory authorities and the parties is governed by national procedural law, insofar as Regulation (EU) 2016/679, this Regulation or Union law do not take primacy. In the case of indirect interaction of a lead supervisory authority with a party via another supervisory authority, the latter authority’s procedural law should apply to any direct interaction with the party. In line with Article 56(6) of Regulation (EU) 2016/679, a complainant has the right to solely communicate with the supervisory authority with which the complaint has been lodged. This does not prevent the complainant to directly communicate with another supervisory authority, including the lead supervisory authority, which may be more efficient.

Removed:Recital 5 b (new): (5b) To ensure that minimum requirements of fair and efficient procedures are met in all cross-border cases, including in Member States where there is no codified national procedural law, the Regulation sets directly applicable rules based on Article 41 of the Charter.

Removed:Recital 5 c (new): (5c) It should be possible to apply, in accordance with national procedural law applicable to the supervisory authority that the party directly interacts with, strictly necessary and proportionate limitations in relation to the disclosure or the further use of legally protected information, such as personal data or trade secrets protected under Directive (EU) 2016/9431a. This could include the internal deliberations and decision-making of the authority. The least intrusive measures, such as limitation of the use of information or blackening of information should be applied. Parties should always be informed that information was withheld from them, and why. / 1a Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1.)

Removed:Recital 5 d (new): (5d) The lead supervisory authority manages the case in line with this Regulation, Regulation (EU) 2016/679 and its national procedural law, while fully cooperating with other supervisory authorities in a spirit of common understanding and trust. Other supervisory authorities should provide any relevant information and their views to the lead supervisory authority. The lead supervisory authority should structure the case in an efficient and expedient way taking full account of the views of other supervisory authorities. At the same time, the procedure should be in line with Regulation (EU) 2016/679, in particular the one-stop-shop dispute resolution architecture and the competences of the lead supervisory authority.

Removed:Recital 5 e (new): (5e) Supervisory authorities may also start additional procedures, for example in the case of systemic or repetitive infringements. This should however, not lead to any interference with the rights of the parties.

Removed:Recital 5 f (new): (5f) Violations may concern the rights of multiple data subjects, therefore, evidence from procedures may need to be used in other procedures to facilitate an efficient procedure and consistent decision making. In order to objectively assess the amount of non-material damages based on the average data subject, civil courts may benefit from relying on established facts and evidence to determine a claim under Article 82 of Regulation (EU) 2016/679.

Removed:Recital 5 g (new): (5g) Each supervisory authority should define one or more languages that it accepts for incoming information by other supervisory authorities. An additional joint “cooperation language” should be defined which all supervisory authorities must accept for incoming or outgoing information. In case of judicial remedies, the supervisory authority against which a judicial remedy is brought should have the duty to translate all relevant documents to the accepted languages.

Removed:Recital 6: (6) Each complaint handled by a supervisory authority pursuant to Article 57(1), point (f), of Regulation (EU) 2016/679 is to be investigated with all due diligence to the extent appropriate bearing in mind that every use of powers by the supervisory authority must be effective, proportionate and dissuasive in view of ensuring compliance with Regulation (EU) 2016/679. While assessing the extent appropriate of an investigation, supervisory authorities should aim to deliver a satisfactory resolution to the complainant, which requires investigating all relevant legal and factual elements arising from the complaint, to ensure that a decision can be jointly taken and an effective remedy to the complainant can be quickly delivered. Without prejudice to the necessity of providing a satisfactory resolution to the complainant within a short timeframe, supervisory authorities should investigate to a degree that allows them to satisfy themselves as to whether a complaint is indicative of more serious or systemic infringements. Planning the procedure is important to ensure a quick result. Supervisory authorities should not refer to the rights under Article 79 of Regulation (EU) 2016/679 as a reason to limit the investigation of a complaint. To ensure compliance with Article 47 of the Charter, the handling of a complaint should always lead to an appealable decision. Unless a complaint is withdrawn, it should not be possible for complaints to be closed or otherwise terminated without a dec…

Added:P10_TC1-COD(2023)0202

Removed:Recital 7: (7) The lead supervisory authority should provide the supervisory authorities instant remote access to a joint case file that holds all relevant documents of the case, including all internal or confidential information, as well as a translation of all documents to the cooperation language. In addition, the lead supervisory authority should actively inform the other supervisory authorities on major changes that may require imminent action or closer attention. Defining clear and efficient procedures for the handling of complaints in cross-border cases is also necessary, since the complaint may be dealt with by a supervisory authority other than the one with which the complaint was lodged.

Added:Position of the European Parliament adopted at first reading on 21 October 2025 with a view to the adoption of Regulation (EU) 2025/… of the European Parliament and of the Council laying down additional procedural rules on the enforcement of Regulation (EU) 2016/679

Removed:Recital 8: (8) The competent supervisory authority should provide the parties with remote access to the joint case file, but may restrict this right of access under certain circumstances. Such access should allow the use of an effective judicial remedy in line with Article 47 of the Charter.

Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2025/2518.)

Removed:Recital 9: (9) In order for supervisory authorities to bring a swift end to infringements of Regulation (EU) 2016/679 and to deliver a quick resolution for complainants, supervisory authorities should be able to endeavour, where appropriate, to resolve complaints by amicable settlement between the parties. Supervisory authorities should not make the handling of a complaint contingent on participation in an amicable settlement process. Settlements should be able to take the form of a contract between the parties under applicable law, but should bind the authorities. The fact that an individual complaint has been resolved through an amicable settlement does not prevent the competent supervisory authority from pursuing an ex officio case, for example in the case of systemic or repetitive infringements of Regulation (EU) 2016/679. However, such an ex officio possibility should not be used to defer decisions on complaints.

Removed:Recital 10: (10) In order to guarantee the effective functioning of the cooperation and consistency mechanisms in Chapter VII of Regulation (EU) 2016/679, it is important that cross-border cases are resolved in a timely fashion and in line with the spirit of sincere and effective cooperation that underlies Article 60 of Regulation (EU) 2016/679. The lead supervisory authority should exercise its competence within a framework of close cooperation with the other supervisory authorities concerned. Likewise, supervisory authorities concerned should actively engage in the investigation at an early stage in an endeavour to reach a consensus, making full use of the tools provided by Regulation (EU) 2016/679. This should be in line with the ‘one-stop-shop’ mechanism of Regulation (EU) 2016/679 and guarantee, where applicable, non-discriminatory treatment of parties, legal certainty and independence of issuing of decisions by the supervisory authorities.

Removed:Recital 11: (11) It is particularly important for supervisory authorities to reach consensus on key aspects of the case via the summary of key issues and comments on that summary as early as possible and prior to the adoption of the draft decision referred to in Article 60 of Regulation (EU) 2016/679, thereby reducing the number of cases submitted to the dispute resolution mechanism in Article 65 of Regulation (EU) 2016/679 and ultimately ensuring the quick resolution of cross-border cases.

Removed:Recital 12: (12) Cooperation between supervisory authorities should be based on open dialogue which allows concerned supervisory authorities to meaningfully impact the course of the investigation by sharing their experiences and views with the lead supervisory authority. The supervisory authority with which a complaint has been lodged or which requests an ex-officio action may provide the lead supervisory authority with a summary of key issues setting out its preliminary view on the main issues in an investigation. The lead supervisory authority should draft the final summary of key issues. The summary of key issues should be part of the joint case file, and should be a living document that is updated by the lead supervisory authority during the course of the procedure. It should be provided at a sufficiently early stage to allow effective inclusion of supervisory authorities concerned. Concerned supervisory authorities should have the opportunity to provide their comments on any update of the summary of key issues. The supervisory authorities should be able to raise any dispute with the Board. Supervisory authorities should endeavour to achieve consensus as early as possible on the scope of the investigation.

Removed:Recital 13: (13) In the interest of effective inclusive cooperation between all supervisory authorities concerned and the lead supervisory authority, any documents submitted by concerned supervisory authorities and the parties should be concise and worded in sufficiently clear and precise terms to be easily understandable to all supervisory authorities. Supervisory authorities may therefore limit the length of submissions by the parties. The legal arguments should be grouped by reference to the part of the summary of key issues to which they relate.

Removed:Recital 14: (14) Cases that do not raise contentious issues (non-contentious cases) do not require extensive discussion between supervisory authorities in order to reach a consensus and could, therefore, be dealt with more quickly. When none of the supervisory authorities concerned raise comments on the summary of key issues, the lead supervisory authority should communicate the draft decision within three months from the receipt of the complaint.

Removed:Recital 15: (15) Supervisory authorities should avail themselves of all means necessary to achieve a consensus in a spirit of sincere and effective cooperation. Therefore, if there is a divergence in opinion between the supervisory authorities concerned and the lead supervisory authority regarding the scope or procedural issues of a case, the supervisory authorities should raise the matter quickly with the Board. The Board should make the necessary procedural determinations. The Board and supervisory authorities should endeavour to complete ongoing proceedings as quickly as possible. The lead supervisory authority or one of the supervisory authorities concerned should also be able to request an urgent binding decision of the Board without a request under Articles 61 or 62 having been made.

Removed:Recital 16: deleted

Removed:Recital 17: (17) To enable the complainant to exercise her or his right to an effective judicial remedy under Article 78 of Regulation (EU) 2016/679, handling of any complaint should always lead to a decision which may be challenged before a national court.

Removed:Recital 18: deleted

Removed:Recital 19: (19) It is necessary to clarify the division of responsibilities between the lead supervisory authority and the supervisory authority with which the complaint was lodged in the case of rejection of a complaint in a cross-border case. As the point of contact for the complainant during the investigation, the supervisory authority with which the complaint was lodged should be responsible for all communications with the complainant. All such communications should be shared with the lead supervisory authority. Since under Article 60(8) and (9) of Regulation (EU) 2016/679 the supervisory authority with which the complaint was lodged has the responsibility of adopting the final decision which needs to comply with its national procedural law, rejecting the complaint that supervisory authority should also be involved by the lead supervisory authority in preparing the draft decision under Article 60(3) and any final decision under Article 60(7) to (9) of Regulation (EU) 2016/679.

Removed:Recital 21: (21) In order to effectively safeguard the right to good administration and the rights of defence as enshrined in the Charter including the right of every person to be heard before any individual measure which would affect him or her adversely is taken, it is important to provide for clear rules on the exercise of this right for all parties involved in a case. Every party should have the right to decline the right to be heard.

Removed:Recital 22: (22) The rules regarding the administrative procedure applied by supervisory authorities when enforcing Regulation (EU) 2016/679 should ensure that the parties effectively have the right to be heard and opportunity to make known their views on the truth and relevance of the facts, objections and circumstances put forward by the supervisory authority throughout the procedure, thereby enabling them to exercise their rights of defence. The preliminary findings set out the preliminary position on the alleged infringement of Regulation (EU) 2016/679 following investigation. They thus constitute an essential procedural safeguard which ensures that the right to be heard is observed. The parties should be provided with all the necessary documents required to effectively comment on matters relevant to the investigation, by receiving access to the administrative joint case file.

Removed:Recital 23: (23) The preliminary findings should be couched in terms that, even if succinct, are sufficiently clear to enable the parties to properly identify the nature of the alleged infringement of Regulation (EU) 2016/679. The obligation of giving the parties all the information necessary to enable them to be heard is satisfied if the final decision only takes into consideration facts on which the parties have had the opportunity of making known their views. The final decision of the lead supervisory authority is not, however, necessarily required to be a replica of the preliminary findings. The lead supervisory authority should be permitted in the final decision to take account of the responses of the parties to the preliminary findings, and, where applicable, the revised draft decision under Article 60(5) of Regulation (EU) 2016/679, and the decision by the Board resolving the dispute between the supervisory authorities under Article 65(1), point (a), of that Regulation. The lead supervisory authority should be able to carry out its own assessment of the facts and the legal qualifications put forward by the parties in order either to abandon the objections when the supervisory authority finds them to be unfounded or to supplement and redraft its arguments, both in fact and in law, in support of the objections which it maintains.

Removed:Recital 24: (24) The parties should be provided with a right to be heard at appropriate stages of the procedure, in particular prior to the submission of a revised draft decision under Article 60(5) of Regulation (EU) 2016/679 or the adoption of a binding decision by the Board pursuant to Article 65(1), point (a), of Regulation (EU) 2016/679.

Removed:Recital 25: (25) Complainants should be given the possibility to be associated with the proceedings initiated by a supervisory authority with a view to identifying or clarifying issues relating to a potential infringement of Regulation (EU) 2016/679. The fact that a supervisory authority has already initiated an investigation concerning the subject matter of the complaint or will deal with the complaint in an ex officio investigation subsequent to the receipt of the complaint does not bar the qualification of a data subject as complainant.

Removed:Recital 25 a (new): (25a) Notwithstanding the fact that the parties under investigation and the complainant are not in the same procedural situation, there are circumstances in which complainants can be in a position to adduce arguments and evidence during an investigation which can help the progress of the investigation. This is particularly the case in circumstances in which a not-for-profit body, organisation or association has lodged a complaint on behalf of a data subject or on its own initiative under Article 80 of Regulation (EU) 2016/679. Supervisory authorities should facilitate the hearing of such complainants at all stages of the investigation, including ex officio investigations, while also maintaining their independence.

Removed:Recital 26: deleted

Removed:Recital 27: (27) When setting deadlines and limiting the length of submissions for parties to provide their views on preliminary findings, supervisory authorities should have regard to the complexity of the issues raised in preliminary findings as well as the capacity of the parties under investigation and complainants to respond, in order to ensure that the parties have sufficient opportunity to meaningfully provide their views on the issues raised. This should however not lead to unduly long procedures.

Removed:Recital 28: deleted

Removed:Recital 29: (29) In the interest of the efficient and inclusive conclusion of the dispute resolution procedure, where all supervisory authorities should be in a position to contribute their views and bearing in mind the time constraints during dispute resolution, the form and structure of relevant and reasoned objections should meet certain requirements. Therefore, relevant and reasoned objections should clearly identify the disagreement with the draft decision and should be worded in sufficiently clear, coherent and precise terms.

Removed:Recital 30: (30) Access to the joint case file may be provided for in the spirit of the right to good administration enshrined in the Charter. Access to the joint case file should be provided to the parties. Access of the parties to the joint case file may be limited at the request of a party to protect their legally recognised rights or the rights of others, or in the public interest. Such limitation must be proportionate in light of the respective recognised rights of others or the public interest pursued.

Removed:Recital 31: (31) When granting access to the joint case file, supervisory authorities should ensure the protection of business secrets and other legally protected confidential information and the protection of information in the public interest in accordance with applicable national law. The category of other confidential information includes information other than business secrets, which may be considered as confidential, insofar as its disclosure would significantly harm a controller, a processor or a natural or legal person. The supervisory authorities should be able to request that parties under investigation that submit or have submitted documents or statements identify confidential information and provide a non-confidential version.

Removed:Recital 33: (33) When referring a subject-matter to dispute resolution under Article 65 of Regulation (EU) 2016/679, the lead supervisory authority should provide the Board with all necessary information to enable it to assess the admissibility of relevant and reasoned objections and to take the decision pursuant to Article 65(1), point (a), of Regulation (EU) 2016/679. Once the Board is in receipt of all the necessary documents the Board should register the referral of the subject-matter in accordance with Article 65(2) of Regulation (EU) 2016/679.

Removed:Recital 34: (34) The binding decision of the Board under Article 65(1), point (a), of Regulation (EU) 2016/679 should concern exclusively matters which led to the triggering of the dispute resolution and be drafted in clear and precise language, allowing the lead supervisory authority to adopt its final decision on the basis of the decision of the Board.

Removed:Recital 36: (36) In order to streamline the procedure for the adoption of urgent opinions and urgent binding decisions of the Board under Article 66(2) of Regulation (EU) 2016/679, it is necessary to specify procedural rules regarding the timing of the request for an urgent opinion or urgent binding decision, the documents to be submitted to the Board and on which the Board should base its decision, to whom the opinion or decision of the Board should be addressed, and the consequences of the opinion or decision of the Board. Provisional measures pursuant to Article 66(1) of Regulation (EU) 2016/679 should include all possible measures within the powers of supervisory authorities, pursuant to Article 58 of that Regulation.

Removed:Recital 36 a (new): (36a) The Board should be able to request any further information from supervisory authorities necessary for it to take a binding decision.

Removed:Recital 36 b (new): (36b) The complainant should have a right to a judicial remedy in the event that a supervisory authority does not use its powers or does not otherwise take necessary action required by Regulation (EU) 2016/679. In addition, the parties should have a right to take action against the lead supervisory authority in case of inaction or overly long procedures. To ensure that there is no enforcement gap, the parties to the case and organisations under Article 80(1) of Regulation (EU) 2016/679 should be empowered to seek a judicial remedy in the public interest if a supervisory authority does not comply with a decision of the Board and if they consider that the rights of a data subject under Regulation (EU) 2016/679 have been infringed as a result of the processing.

Removed:Recital 38: (38) The European Data Protection Supervisor and the European Data Protection Board were consulted in accordance with Article 42(2) of Regulation (EU) 2018/1725 and delivered a joint opinion on 19 September 2023,

Removed:Section 1 a (new): Section 1a / Subject matter, scope, and definitions

Removed:Article 1 – title: Subject matter and scope

Removed:Article 1 – paragraph 1: This Regulation lays down procedural rules for the handling of complaints and the conduct of investigations in complaint-based and ex officio cases by supervisory authorities whenever supervisory authorities of more than one Member State are involved in the case, as well as procedural rules on related judicial remedies.

Removed:Article 1 – paragraph 1 a (new): Article 26b of this Regulation also applies to cases before a supervisory authority of a single Member State, pursuant to Article 56(2) of Regulation (EU) 2016/679.

Removed:Article 2 – paragraph 2 – point 1: (1) ‘party under investigation’ means the controller(s) and/or processor(s) complained about, or investigated for alleged infringement of Regulation (EU) 2016/679, as well as their representative(s);

Removed:Article 2 – paragraph 2 – point 1 a (new): (1a) ‘complainant’ means the data subject or non-for-profit body, organisation or association that has lodged a complaint under Article 77 of Regulation (EU) 2016/679 and is therefore considered as a party to the proceedings;

Removed:Article 2 – paragraph 2 – point 1 b (new): (1b) ‘party’ means the party or parties under investigation, the complainant(s) and any third party involved in the proceedings as defined under national law;

Removed:Article 2 – paragraph 2 – point 1 c (new): (1c) ‘national procedural law’ means laws, regulations and administrative provisions of the Member State that regulate the procedure before a supervisory authority;

Removed:Article 2 – paragraph 2 – point 1 d (new): (1d) ‘complaints procedure’ means a procedure determining the outcome of a complaint under Article 77 of Regulation (EU) 2016/679;

Removed:Article 2 – paragraph 2 – point 1 e (new): (1e) ‘ex officio procedure’ means an investigation into the activities of a natural or legal person, public authority, agency or other body initiated on a supervisory authority’s initiative under Article 57(1), point (a), of Regulation (EU) 2016/679;

Removed:Article 2 – paragraph 2 – point 1 f (new): (1f) ‘joint case file’ means a dedicated electronic file for any case falling under the scope of this Regulation, that is managed by the lead supervisory authority and in which all relevant information, in particular documents, submissions, memos and other information regarding a case, are stored and made remotely accessible to supervisory authorities concerned and parties to the case;

Removed:Article 2 – paragraph 2 – point 1 g (new): (1g) ‘complaint-receiving authority’ means the supervisory authority with which the complaint has been lodged as referred to in Article 4(22), point (c), of Regulation (EU) 2016/679;

Removed:Article 2 – paragraph 2 – point 2: (2) ‘summary of key issues’ means the summary to be provided by the lead supervisory authority to supervisory authorities concerned, identifying the main relevant factual and legal issues within the preliminary scope of the investigation and the lead supervisory authority’s factual and legal views on the case;

Removed:Article 2 – paragraph 2 – point 3: (3) ‘preliminary findings’ means the document provided by the lead supervisory authority to the parties setting out the allegations, the relevant facts, supporting evidence, legal analysis, and, where applicable, proposed corrective measures;

Removed:Article 2 – paragraph 2 – point 4 a (new): (4a) ‘confidential version of a document’ means a document containing confidential or sensitive information which may be subject to legal privilege under the applicable Union or national law and data protection rules;

Removed:Article 2 – paragraph 2 – point 4 b (new): (4b) ‘non-confidential version of a document’ means a version of a document from which confidential or sensitive information has been redacted and which can be provided to the complainant without breaching Union or national law or data protection rules.

Removed:Section 1 b (new) – title: Section 1b / Procedural rules

Removed:Article 2 a (new): Article 2a / Applicable Procedural Law / 1. In addition to this Regulation, and provided that it is not in conflict with this Regulation, the procedural law applicable before a supervisory authority shall govern all direct interactions between that supervisory authority and the parties before it. This Regulation shall not preclude Member States from specifying procedural matters not regulated by this Regulation or Regulation (EU) 2016/679. / 2. This Regulation and Regulation (EU) 2016/679 govern the interaction between supervisory authorities of different Member States that falls within the scope of this Regulation. / 3. A complainant shall have the right to communicate exclusively with the supervisory authority with which the complaint has been lodged pursuant to Article 77 of Regulation (EU) 2016/679.

Removed:Article 2 b (new): Article 2b / Common procedural standards / 1. Without prejudice to additional rights under national procedural law, each party shall have at least the following rights: / (a) to have their case handled impartially and fairly, and to be treated equally, even if they are before different supervisory authorities in different jurisdictions (“fair procedure”); / (b) to be heard before any measure is taken that would adversely affect them, including before the decision to uphold, or to fully or partially reject a complaint is adopted (“right to be heard”); / (c) to have access to the joint case file, except to any internal deliberations of the supervisory authority or deliberations between those authorities (“procedural transparency”). / 2. The lead supervisory authority shall inform and hear the parties at appropriate stages of the procedure, in order to allow them to effectively express their views on all factual findings and legal conclusions made by the lead supervisory authority. / 3. The joint case file shall include all evidence, inculpatory and exculpatory, including documents and other evidence provided by the parties under investigation. / 4. On the request of a party to protect their legally recognised rights or to protect the rights of others, or when it is in the public interest or in order to protect operational security and cybersecurity a supervisory authority may limit the rights referred to in paragraph 1, point (c). Any such limitation shall be carried out in acc…

Removed:Article 2 c (new): Article 2c / Cooperation between supervisory authorities / 1. The lead supervisory authority shall structure, coordinate and manage the case in an efficient and expedient way, in accordance with Regulation (EU) 2016/679, this Regulation and any applicable national procedural law. / 2. Any supervisory authority may declare that it is concerned, setting out the reasons why it meets the definition of a supervisory authority concerned under Article 4(22) of Regulation (EU) 2016/679. The lead supervisory authority shall maintain a list of supervisory authorities concerned for each case in the joint case file. / Where the lead supervisory authority considers that a supervisory authority which has made a declaration that it is concerned according to this paragraph does not meet the definition of a supervisory authority concerned, it shall inform that authority of its assessment. The supervisory authority which declared that it is concerned shall within one week of receiving that assessment either withdraw its declaration, or produce a reasoned opinion setting out the reasons why it considers the assessment of the lead supervisory authority to be incorrect. Where the diverging assessments of the lead supervisory authority and the supervisory authority which declared to be concerned cannot be resolved in a different manner, the lead supervisory authority shall request a determination of the Board under Article 26a. / 3. Any supervisory authority concerned which receives relevant infor…

Removed:Article 2 d (new): Article 2d / Use of Languages and Translations / 1. The Board shall determine one language that shall be accepted by all supervisory authorities during the cooperation between authorities (“cooperation language”). / 2. When a supervisory authority shares relevant information with another supervisory authority, it shall provide a translation into the cooperation language or any other language the receiving supervisory authority accepts. / 3. The lead supervisory authority shall provide submissions into the joint case file in the original language, and shall provide translations into the cooperation language. / 4. In any direct interaction with the parties, supervisory authorities shall provide parties with information in the original language and, if necessary, either a translation into the language of the national procedural law, or into any other language the party understands or uses in its routine external communication. / 5. A supervisory authority may provide automated translations, if it finds that the automated translation is not substantially different from the original. / 6. When a judicial remedy is filed against a supervisory authority, the supervisory authority shall provide the joint case file and any other relevant information in a language accepted by the judiciary of the Member State.

Removed:Article 3 – paragraph 1: 1. A complaint subject to this Regulation shall provide the information required in the template, as set out in the Annex. / No additional information shall be required in order for the complaint to be admissible. The information can be provided by any means the authority accepts, including by not using the template.

Removed:Article 3 – paragraph 1 a (new): 1a. The complainant shall not be required to contact the party under investigation before submitting a complaint. Where the complainant was in contact with the party under investigation before submitting the complaint relating to the same matter, he or she shall submit the communication related to that contact pursuant to the Annex.

Removed:Article 3 – paragraph 1 b (new): 1b. The supervisory authority with which a complaint has been lodged shall, within two weeks, acknowledge receipt and admissibility of the complaint, or, where a complaint does not meet the requirements pursuant to paragraph 1, declare the complaint inadmissible and inform the complainant about the missing information.

Removed:Article 3 – paragraph 1 c (new): 1c. The supervisory authority shall attribute a case number to the complaint and communicate this information to the complainant. This shall be without prejudice to the assessment of admissibility of the complaint pursuant to paragraph 2(c), point (i).

Removed:Article 3 – paragraph 2: 2. The supervisory authority with which the complaint has been lodged shall, within three weeks after acknowledging the admissibility of the complaint pursuant to paragraph 1b:

Removed:Article 3 – paragraph 2 – point a (new): (a) establish, by way of a preliminary conclusion, whether the complaint relates to cross-border processing of personal data of the complainant, considering at least the following: / (i) relevant controller or processor for the processing in question; / (ii) number of establishments of the controller or processor in the EU; / (iii) place of the main establishment; / (iv) activities of establishments in more than one Member State; / (v) substantial effect or likely substantial effect on data subjects in more than one Member State.

Removed:Article 3 – paragraph 2 – point b (new): (b) establish which supervisory authority is the assumed lead supervisory authority under Article 56(1) of Regulation (EU) 2016/679, and whether the case is local in nature pursuant to Article 56(2) of Regulation (EU) 2016/679,

Removed:Article 3 – paragraph 2 – point c (new): (c) take one of the following actions: / (i) transmit the complaint to the assumed lead supervisory authority under Article 56(1) of Regulation (EU) 2016/679 and inform the complainant thereof. The assessment of the admissibility of the complaint by the supervisory authority with which the complaint has been lodged shall be binding on the lead supervisory authority; or / (ii) handle the complaint under Article 56(2) of Regulation (EU) 2016/679.

Removed:Article 3 – paragraph 2 a (new): 2a. The lead supervisory authority shall immediately provide the complaint to the party under investigation and request a reply without undue delay, but no later than three weeks from the day the party under investigation was informed by the lead supervisory authority. In complex cases, and where requested and duly justified by the party under investigation, the time for replying can be extended by the lead supervisory authority by another three weeks.

Removed:Article 3 – paragraph 2 b (new): 2b. The parties or the assumed lead supervisory authority shall raise any objection in relation to the competence of the assumed lead supervisory authority or to the handling of a complaint under Article 56(2) of Regulation (EU) 2016/679 within three weeks from being informed about the action taken pursuant to Article 3(2), point (c).

Removed:Article 3 – paragraph 2 c (new): 2c. Where an objection under paragraph 2b was raised, the supervisory authority with which the complaint has been lodged may withdraw the transmission of the complaint and either assume its own competence under Article 55 or 56 of Regulation (EU) 2016/679 or transfer it to an assumed lead supervisory authority within two weeks. If none of these actions were taken, or where differing assessments of the supervisory authorities involved cannot be resolved otherwise, the supervisory authority with which the complaint has been lodged shall request a determination by the Board under Article 26a. It shall provide the Board with a description of relevant processing activities, of the company's organisation and a description of where decisions are taken.

Removed:Article 3 – paragraph 3: deleted

Removed:Article 3 – paragraph 4: deleted

Removed:Article 3 – paragraph 5: deleted

Removed:Article 3 – paragraph 6: deleted

Removed:Chapter II – title: II Complaints and ex officio procedures

Removed:Article 4 – title: Handling of complaints

Removed:Article 4 – paragraph 1 – introductory part: 1. While assessing the extent appropriate to which a complaint should be investigated in each case the lead supervisory authority shall endeavour to ensure the following:

Removed:Article 4 – paragraph 1 – point a: (a) the delivery of an effective and timely remedy to the complainant;

Removed:Article 4 – paragraph 1 – point b: (b) the investigation of relevant factual and legal elements required to jointly decide on the complaint and issue a decision under Article 60(7), (8) and (9) of Regulation (EU) 2016/679;

Removed:Article 4 – paragraph 1 – point c: (c) the investigation of any other elements necessary for the efficient enforcement of Regulation (EU) 2016/679, including the ex officio exercise of powers pursuant to Article 58(2), Article 83 or Article 84 of Regulation (EU) 2016/679, especially in the case of systemic, grave or repetitive infringements.

Removed:Article 4 – paragraph 1 a (new): 1a. The handling of a complaint shall always lead to a legally binding decision that is subject to an effective legal remedy under Article 78 of Regulation (EU) 2016/679.

Removed:Article 4 – paragraph 1 b (new): 1b. The lead supervisory authority shall deliver a draft decision pursuant to Article 60(3) of Regulation (EU) 2016/679 without delay, and no later than nine months from the receipt of the complaint. / This deadline may exceptionally be extended by: / (a) eight weeks when comments under Article 9(3) are submitted with regard to a summary of key issues or an updated summary of key issues; / (b) eight weeks where the lead supervisory authority intends to issue fines or other penalties; / (c) the period of time between a reference under Article 26a(1) or (2) and the decision by the Board; / (d) the period of any prolongation permitted by the Board under Article 26a(3). / Each extension under points (a) to (d) may only be done once.

Removed:Article 4 – paragraph 1 c (new): 1c. Paragraph 1b shall not apply once a case is submitted to the consistency mechanism in accordance with Article 60(4) of Regulation (EU) 2016/679.

Removed:Article 5 – paragraph 1: 1. A complaint may be resolved by amicable settlement between the complainant and the party under investigation at any stage of the proceedings. The complaint-receiving or the lead supervisory authority may encourage and facilitate that voluntary process.

Removed:Article 5 – paragraph 1 a (new): 1a. An amicable settlement between the complainant and the party under investigation shall be considered to be found where there is explicit agreement. Where an amicable settlement to the complaint has been found, the parties shall within one month communicate the settlement to the lead supervisory authority and the supervisory authority where the complaint has been lodged.

Removed:Article 5 – paragraph 1 b (new): 1b. Within one month after the communication of the amicable settlement under paragraph 1a, a draft decision pursuant to Article 56(4) of Regulation (EU) 2016/679 shall be submitted, indicating: / (a) whether the conditions of an amicable settlement under paragraph 1a are fulfilled, and / (b) whether to open an ex officio investigation under paragraph 1d.

Removed:Article 5 – paragraph 1 c (new): 1c. Where, within one month, none of the other supervisory authorities concerned have objected to the draft decision under paragraph 1b or the Board confirms the amicable settlement in the procedure under Article 65(1), point (a) of Regulation (EU) 2016/679, the complaint shall be deemed withdrawn and the settlement shall become valid.

Removed:Article 5 – paragraph 1 d (new): 1d. An amicable settlement does not prevent the lead supervisory authority from conducting an ex officio investigation in the same matter. It may open an ex officio investigation instead, in particular 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, is of long duration, or is of serious nature; or / (d) the exercise of powers is otherwise required to ensure effective, proportionate and dissuasive enforcement of Regulation (EU) 2016/679.

Removed:Article 5 a (new): Article 5a / Request for an ex officio procedure / 1. Where it considers that Regulation (EU) 2016/679 may be violated and data subjects in the territory of its Member State are affected, any supervisory authority concerned may request an ex officio procedure by submitting a written request for a discretionary action pursuant to paragraph 2 to the lead supervisory authority. Such a request shall contain at least: / (a) a declaration to be a supervisory authority concerned, and / (b) a summary of key issues pursuant to Article 9. / 2. Within three weeks, the assumed lead supervisory authority shall: / (a) inform the supervisory authority concerned that it has opened an ex officio procedure; / (b) inform the supervisory authority concerned 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; or / (c) reject the request, if it takes the view that it is not the lead supervisory authority or there is no prima facie violation of Regulation (EU) 2016/679. / In the case referred to in point (a) of this paragraph, the supervisory authority concerned may submit to the lead supervisory authority a draft decision pursuant to Article 56(4) of Regulation (EU) 2016/679. / In the cases referred to in point (b) and (c) of this paragraph, the supervisory authority concerned may resubmit an amended request for an ex officio procedure, or r…

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

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

Removed:Article 7 – paragraph 2: deleted

Removed: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.

Removed:Article 8 – paragraph 2 – introductory part: 2. The lead supervisory authority shall actively provide and notify the other supervisory authorities concerned and, where necessary for dispute resolution under Article 65 of Regulation (EU) 2016/679, the Board, with relevant information within the meaning of Article 60(1) and (3) of that Regulation, within one week from producing or receiving it. This information shall cover information on major steps in the procedure, including where applicable:

Removed: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 e: (e) the issuing or updating of the summary of key issues in an investigation in accordance with Article 9;

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

Removed: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;

Removed: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: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 k b (new): (kb) 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): (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 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:Article 9 – paragraph 2 – point a: (a) the relevant facts;

Removed: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 infringement, and, where applicable, an indication of whether they appear to have been infringed;

Removed:Article 9 – paragraph 2 – point c: (c) preliminary factual or legal assessments, dealing with all relevant views as expressed by parties when the summary is drafted, and including relevant European case law, as well as guidelines, recommendations and best practices issued by the Board;

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 factual or legal changes that emerge during the course of the procedure.

Removed: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 4: deleted / (deleted) / (deleted) / (deleted)

Removed:Article 9 – paragraph 5: deleted

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

Removed: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: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);

Removed:Article 10 – paragraph 1 – point c: deleted

Removed:Article 10 – paragraph 1 – point c a (new): (ca) preliminary identification of potential corrective measure(s) pursuant to Article 9(2), point (d).

Removed:Article 10 – paragraph 3: 3. In cases not falling under Article 9(6) of this Regulation, the lead supervisory authority shall investigate facts relevant for diverging views and engage, making its best effort, with the supervisory authorities concerned on the basis of their comments on the summary of key issues, and, where applicable, in response to requests under Article 61 and 62 of Regulation (EU) 2016/679, in an endeavour to reach a consensus. The consensus shall be used as a basis for the lead supervisory authority to continue the investigation and draft the preliminary findings.

Removed:Article 10 – paragraph 4: 4. Where within four weeks after the expiry of the deadlines for comments, the procedure provided for in paragraph 3 of this Article fails to generate consensus between the lead supervisory authority and one or more supervisory authorities concerned on the matters referred to in Article 9(2), the lead supervisory authority or a supervisory authority concerned shall request a procedural determination of the Board under Article 26a of this Regulation.

Removed:Article 10 – paragraph 5 – introductory part: 5. When requesting a procedural determination of the Board pursuant to paragraph 4 of this Article, the requesting supervisory authority shall provide all of the following:

Removed:Article 10 – paragraph 5 – point a: (a) the relevant information referred to in Article 9(2), including any updates when they occur;

Removed:Article 10 – paragraph 5 – point b: (b) the comments of the supervisory authorities concerned that disagree with the lead supervisory authority’s preliminary identification of the scope of the investigation or the factual or legal assessment of the elements of the summary of key issues referred to in Article 9(2);

Removed:Article 10 – paragraph 5 – point b a (new): (ba) access to the joint case file.

Removed:Article 10 – paragraph 5 a (new): 5a. The Board may request the supervisory authorities to provide other documents or information, as it deems appropriate in the particular case.

Removed:Article 10 – paragraph 6: 6. The Board shall adopt an urgent binding decision on the summary of key issues or on extending the period referred to in paragraph 4, in accordance with Article 26a, on the basis of all documents received.

Removed:Article 10 a (new): Article 10a / Cooperation with other relevant authorities / Supervisory authorities shall strive to communicate non-personal information obtained in the context of the procedures set out in this Regulation to national and Union supervisory authorities competent in data protection and other areas, including competition, financial services, energy, telecommunications, consumer protection, digital services, or artificial intelligence supervisory authorities, where the information is deemed relevant to the tasks and duties of those authorities, in particular for opening administrative procedures and investigations into possible violations of legislation under their competences. Information can be only used for the purposes of which it was gathered. However, that does not preclude the supervisory authority to initiate other proceedings based on that information or to share it with other authorities for that purpose.

Removed:Article 11: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 12: deleted / (deleted) / (deleted) / (deleted)

Removed:Article 13: deleted / (deleted) / (deleted)

Removed:Chapter III – Section 3 – title: Decisions addressed to parties under investigation

Removed:Article 14 – title: Preliminary findings and the right to be heard

Removed:Article 14 – paragraph 1: 1. Following the consultations and procedures under Articles 9 and 10 of this Regulation, when the lead supervisory authority intends to submit a draft decision Article 60(3) of Regulation (EU) 2016/679 to the other supervisory authorities concerned finding an infringement of Regulation (EU) 2016/679, it shall draft preliminary findings.

Removed:Article 14 – paragraph 2 – subparagraph 1: The preliminary findings shall present allegations raised in an exhaustive and sufficiently clear way to enable the parties under investigation to take cognisance of the conduct investigated by the lead supervisory authority. In particular, they shall set out clearly all the facts, including listing all the evidence relied upon, and the entire legal assessment raised against the parties under investigation, so that they are heard and can express their views on the facts and the legal conclusions the lead supervisory authority intends to draw in the draft decision within the meaning of Article 60(3) of Regulation (EU) 2016/679, and list all the evidence it relies upon.

Removed:Article 14 – paragraph 2 – subparagraph 2: The preliminary findings shall indicate the corrective measures that are considered by the lead supervisory authority.

Removed:Article 14 – paragraph 2 – subparagraph 3: Where the lead supervisory authority considers imposing a fine, it shall list in the preliminary findings the relevant elements on which it intends to rely in deciding whether to impose an administrative fine and while calculating the fine. In particular, the lead supervisory authority shall list the essential facts and matters of law which may result in the imposition of the fine and the elements listed in Article 83(2) of Regulation (EU) 2016/679, including any aggravating or mitigating factors it will take into account.

Removed:Article 14 – paragraph 3: 3. The lead supervisory authority shall notify preliminary findings to each of the parties under investigation that may be subject to the exercise of a corrective power, as well as to the supervisory authority with which the complaint was lodged and the supervisory authorities concerned. The supervisory authority with which the complaint was lodged shall notify preliminary findings to the complainant.

Removed:Article 14 – paragraph 4: deleted

Removed:Article 14 – paragraph 5: deleted

Removed:Article 14 – paragraph 6: 6. The parties under investigation may, in their written reply to preliminary findings, set out all facts and legal arguments known to them which are relevant to their defence against the allegations of the lead supervisory authority. They shall attach any relevant documents as of the facts set out. The lead supervisory authority shall, in its draft decision, deal only with allegations, including the facts and the legal assessment based on those facts, in respect of which the parties have been given the opportunity to comment.

Removed:Article 15: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 16 – title: Submission of draft decisions, revised draft decisions and adoption of final decision

Removed:Article 16 – paragraph 1: After submitting the draft decision to supervisory authorities concerned pursuant to Article 60(3) of Regulation (EU) 2016/679 and where none of the supervisory authorities concerned has objected to the draft decision within the periods referred to in Article 60(4) and (5) of Regulation (EU) 2016/679, the lead supervisory authority shall, within four weeks from the end of the periods referred to in Article 60(4) and (5) of Regulation (EU) 2016/679, adopt and notify its decision under Article 60(7) and Article 60(9) of Regulation (EU) 2016/679 to the main establishment or single establishment of the controller or processor, as the case may be, and inform the supervisory authorities concerned and the Board of the decision in question, including a summary of the relevant facts and grounds.

Removed:Article 16 – paragraph 1 a (new): 1a. Where a supervisory authority concerned has objected to the draft decision within the period referred to in Article 60(4) of Regulation (EU) 2016/679, and the lead supervisory authority intends to follow that objection, the lead supervisory authority shall, within four weeks, submit a revised draft decision pursuant to Article 60(5) of that Regulation.

Removed:Article 16 – paragraph 1 b (new): 1b. Where a supervisory authority concerned has objected to the draft decision within the period referred to in Article 60(4) of Regulation (EU) 2016/679, and the lead supervisory authority does not follow the relevant and reasoned objection or is of the opinion that the objection is not relevant or reasoned, the lead supervisory authority shall, within four weeks, submit the matter to the consistency mechanism referred to in Article 63, in accordance with Article 60(4) of that Regulation.

Removed:Article 16 – paragraph 1 c (new): 1c. Without prejudice to additional requirements under national law, any draft decision or final decision under Article 60(3), (5) or (7) to (9) of Regulation (EU) 2016/679 shall be issued in writing, using a short, concise, transparent, intelligible form and clear and plain language. It shall be drafted in an impartial way, taking into account any diverging evidence and views of the parties, and shall at least contain the following elements: / (a) the name of the supervisory authority which issued the decision; / (b) the date of issuing the decision; / (c) an impartial summary of the relevant facts of the case and their source; / (d) the legal grounds for the decision; / (e) the exercised corrective powers, penalties or other measures; and / (f) information on the right to an effective judicial remedy under Article 78 of Regulation (EU) 2016/679 and any applicable national procedural law.

Removed:Article 16 – paragraph 1 d (new): 1d. In the event where the legally binding decision is to be issued by the supervisory authority with which the complaint has been lodged in accordance with Article 60(8) or (9) of Regulation (EU) 2016/679, the lead supervisory authority shall ensure that the decision contains all elements necessary under the applicable national procedural law of the supervisory authority concerned. The supervisory authority concerned with which the complaint has been lodged shall assist the lead supervisory authority in drafting the decision in such a manner.

Removed:Article 16 – paragraph 1 e (new): 1e. Any draft decision or final decision shall only rely on factual findings made on the basis of documents or other evidence, on which the parties under investigation had the opportunity to make their views known.

Removed:Article 16 – paragraph 1 f (new): 1f. The information provided to the parties under Article 60(7) to (9) of Regulation (EU) 2016/679 shall include a copy of the legally binding decision, and information about a judicial remedy available in accordance with Article 78 of Regulation (EU) 2016/679.

Removed:Article 16 – paragraph 1 g (new): 1g. Supervisory authorities shall publish all legally binding decisions they issue without undue delay, but no later than three months after adoption, unless the new decisions do not materially depart from previously published decisions. In accordance with applicable national law, supervisory authorities may redact party names, any other information that may allow the identification of parties, and other information that is protected under applicable law.

Removed:Article 17: deleted / (deleted) / (deleted) / (deleted)

Removed:Article 18 – paragraph 1 – point a: (a) be based on factual elements included in the draft decision, or on the evidence the joint case file or on any additional evidence submitted together with the relevant and reasoned objection;

Removed:Article 18 – paragraph 1 – point b: (b) not change the scope of the case as defined in the latest version of the summary of key issues; and

Removed:Article 18 – paragraph 1 – point b a (new): (ba) clearly identify the elements of the draft decision that should be changed, including, when possible, the precise wording of the proposed change or a sufficiently precise description of the proposed change to the draft decision.

Removed:Article 18 – paragraph 2 – point a: deleted

Removed:Chapter IV: deleted

Removed:Article 22 – title: Referral to dispute resolution under Article 65(1), point (a) of Regulation (EU) 2016/679

Removed:Article 22 – paragraph 1: 1. If the lead supervisory authority does not follow the relevant and reasoned objections or is of the opinion that the objections are not relevant or reasoned, it shall submit the subject-matter to the dispute resolution mechanism set out in Article 65 of Regulation (EU) 2016/679, within four weeks from the receipt of all relevant and reasoned objections or from the lapse of the deadline pursuant to Article 60(4) of Regulation (EU) 2016/679. Relevant and reasoned objections that have been received after the deadline shall not be taken into consideration.

Removed:Article 22 – paragraph 2 – introductory part: 2. When referring the subject-matter to dispute resolution, the lead supervisory authority shall provide the Board with all of the following:

Removed:Article 22 – paragraph 2 – point a a (new): (aa) the summary of key issues;

Removed:Article 22 – paragraph 2 – point b: (b) a summary of the relevant facts, including the description of processing activities, the description of the controller’s organisation and where the relevant decisions on the purposes and means of the processing of personal data are taken;

Removed:Article 22 – paragraph 2 – point d: (d) views made in writing by the parties, pursuant to Article 14;

Removed:Article 22 – paragraph 2 – point e: deleted

Removed:Article 22 – paragraph 2 – point f: (f) the relevant and reasoned objections which were not followed by the lead supervisory authority, and the objections that the lead supervisory authority has rejected as not relevant or reasoned;

Removed:Article 22 – paragraph 2 – point g: (g) the reasons on the basis of which the lead supervisory authority did not follow objections or rejected the objections as not relevant or reasoned;

Removed:Article 22 – paragraph 2 – point g a (new): (ga) access to the joint case file.

Removed:Article 22 – paragraph 3: 3. The Board shall register the submission of a subject-matter to the dispute resolution mechanism within two weeks of receiving all of the documents listed in paragraph 2 or it shall demand a resubmission that includes any missing information within another week. When registering the submission, the Board shall list and structure the disputes between supervisory authorities which form the scope of the procedure before the Board, and instantly provide them to all supervisory authorities.

Removed:Article 22 – paragraph 3 a (new): 3a. Once all information specified in paragraph 2 have been received, the Chair of the Board is empowered to request from the lead supervisory authority or the supervisory authorities concerned any additional information, documents or clarifications necessary for the Board to take a binding decision concerning all of the matters which are the subject of the relevant and reasoned objections. The authorities shall provide this additional information no later than one week after having received the request.

Removed:Article 22 – paragraph 3 b (new): 3b. The supervisory authorities concerned may, within two weeks after having been provided with the submission pursuant to paragraph 3, submit other relevant information that they have on that case which was not included in the objections, including but not limited to, facts and documentation related to their objection.

Removed:Article 22 – paragraph 3 c (new): 3c. The “referral of the subject-matter” pursuant to Article 65(2) of Regulation (EU) 2016/679 shall mean the moment when all of the documents referred to in Article 22(2) are available and translated in accordance with Article 2d.

Removed:Article 22 – paragraph 3 d (new): 3d. The prohibition provided for in Article 65(4) of Regulation (EU) 2016/679 for supervisory authorities to adopt a decision on the subject matter submitted to the Board during the periods referred to in Article 65(2) and (3) of Regulation (EU) 2016/679 shall also apply during the periods referred in paragraph 3 of this Article.

Removed:Article 23: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 24: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 25: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 26 – paragraph 1 – point c: (c) the views of the supervisory authority referring the subject-matter or the Commission as to whether, as the case may be, a supervisory authority was required to communicate the draft decision to the Board pursuant to Article 64(1) of Regulation (EU) 2016/679, or a supervisory authority did not follow an opinion of the Board issued pursuant to Article 64 of Regulation (EU) 2016/679, including an explanation of which points were not followed and a reference to the relevant part of the adopted decision.

Removed:Article 26 – paragraph 1 a (new): 1a. The Chair of the Board shall inform all supervisory authorities of the referral made to the Board under paragraph 1, so as to allow the supervisory authorities to make their views known.

Removed:Article 26 – paragraph 3: 3. The Chair of the Board shall register the referral no later than one week after having received all of the documents referred to in paragraphs 1 and 2.

Removed:Article 26 a (new): Article26a / Procedural determinations by the Board / 1. Pursuant to Article 66 of Regulation (EU) 2016/679, a supervisory authority may request from the Board to take an urgent binding decision in the form of a procedural determination on any procedural dispute arising between supervisory authorities in cases foreseen by this Regulation. / 2. Where the lead supervisory authority is of the view that it cannot possibly comply with a deadline pursuant to Article 4(1b) or Article 5a(3), especially because of the need for exceptionally complex factual investigations, it shall request from the Board an urgent binding decision pursuant to paragraph 1, regarding an extension of the deadline of up to nine more months. The supervisory authority shall demonstrate that despite its compliance with Article 2c(1), the extension sought is inevitable. / 3. Requests under paragraph 1 and 2 shall at least contain: / (a) the facts relied upon and any evidence available to the authority or party; / (b) the legal grounds for the request; / (c) the determination pursuant to paragraph 1 or the deadline extension pursuant to paragraph 2 that the authority or party requests from the Board; / 4. Within two weeks, the Board shall determine the matter based on the information before it or it shall reject the application. Determinations are binding on the supervisory authorities.

Removed:Article 26 b (new): Article 26b / Right to an effective judicial remedy against a supervisory authority / 1. Without prejudice to existing remedies under Article 78 of Regulation (EU) 2016/679 and any other administrative or non-judicial remedy, each party to the procedure shall have the right to an effective judicial remedy: / (a) where the supervisory authority with which the complaint has been lodged does not use its powers to ensure that another supervisory authority progresses the procedure; / (b) where a lead supervisory authority does not comply with deadlines as provided for in Regulation (EU) 2016/679 and this Regulation; or / (c) where a supervisory authority does not comply with a binding decision of the Board. / 2. Any party to the procedure or a not-for-profit body under Article 80 of Regulation (EU) 2016/679 may bring an action under paragraph 1, point (c) if it considers that the rights of a data subject under Regulation (EU) 2016/679 have been infringed as a result of the processing. / 3. Where a court or tribunal exercising the review pursuant to paragraph 1 finds that a supervisory authority has not fulfilled its duties, it shall have the power to order that supervisory authority to take the necessary action.

Removed:Article 27 – paragraph 1 – point a: (a) a summary of the relevant facts, including evidence of an infringement of Regulation (EU) 2016/679;

Removed:Article 27 – paragraph 1 – point b: (b) a description of the provisional measure adopted on the territory of the Member State of the supervisory authority requesting the opinion, its duration and the reasons for adopting it, including the justification of the urgent need to act in order to protect the rights and freedoms of data subjects;

Removed:Article 27 – paragraph 1 – point c: (c) a justification of the urgent need for final measures, including an explanation of the exceptional nature of circumstances requiring the adoption of the measures concerned.

Removed:Article 27 – paragraph 1 – point c a (new): (ca) where the requesting authority is not the lead supervisory authority, the views of the lead supervisory authority.

Removed:Article 27 – paragraph 2: 2. The urgent opinion of the Board shall be addressed to all supervisory authorities. It shall be similar to an opinion within the meaning of Article 64(1) of Regulation (EU) 2016/679 and enable the authorities to maintain or amend provisional measure in line with the obligations of Article 64(7) of Regulation (EU) 2016/679.

Removed:Article 28 – title: Urgent binding decisions under Article 66(2) of Regulation (EU) 2016/679

Removed:Article 28 – paragraph 1 – introductory part: 1. A request for an urgent binding decision of the Board pursuant to Article 66(2) of Regulation (EU) 2016/679 shall be made no later than three weeks after the adoption of provisional measures adopted under Articles 61(8), 62(7) or 66(1) of Regulation (EU) 2016/679. That request shall contain all of the following items:

Removed:Article 28 – paragraph 1 – point a: (a) a summary of the relevant facts, including evidence of an infringement of Regulation (EU) 2016/679;

Removed:Article 28 – paragraph 1 – point b: (b) the provisional measure adopted on the territory of the Member State of the supervisory authority requesting the decision, its duration and the reasons for adopting it, in particular the justification of the urgent need to act in order to protect the rights and freedoms of data subjects;

Removed:Article 28 – paragraph 1 – point c: (c) information on any investigatory measures taken on its own territory and replies received from the parties under investigation or any other information in the possession of the requesting supervisory authority;

Removed:Article 28 – paragraph 1 – point d: (d) a justification of the urgent need for final measures to be adopted, bearing in mind the exceptional nature of circumstances requiring the adoption of the final measure, or proof that a supervisory authority failed to provide the information requested under Article 61(5) of Regulation (EU) 2016/679 or failed to respond to a request pursuant to Article 61(8) or 62(2) of Regulation (EU) 2016/679;

Removed:Article 28 – paragraph 1 – point f: (f) where available, the views of the parties. In case the requesting authority is not the lead supervisory authority, the requesting authority shall grant the right to be heard to the parties under investigation against which provisional measures were taken pursuant to Article 66(1) of Regulation (EU) 2016/679.

Removed:Article 28 – paragraph 2: 2. The urgent binding decision referred to in paragraph 1 shall be addressed to the lead supervisory authority and all the supervisory authorities concerned and shall specify the supervisory authorities that would need to adopt final measures, if applicable, in light of the urgent opinion or decision of the Board pursuant to Article 66(2) of Regulation (EU) 2016/679.

Removed:Article 28 – paragraph 3: 3. Where the Board adopts an urgent binding decision indicating that final measures should be adopted, the supervisory authority or authorities to which the decision is addressed shall adopt such measures prior to the expiry of the provisional measures adopted under Article 66(1) of Regulation (EU) 2016/679.

Removed:Article 28 – paragraph 4: 4. A supervisory authority that is responsible to adopt final measures shall notify its decision on the final measures to the parties under investigation and inform the Board. Where the lead supervisory authority is not the requesting authority, the requesting authority shall inform the parties under investigation against which the provisional measures were adopted about the Board’s decision and the final measures adopted by the lead supervisory authority. The complaint-receiving supervisory authority shall inform the complainant about the Board’s decision and the final measures adopted by the lead supervisory authority.

Removed:Article 28 a (new): Article 28a / Remedies against procedural determinations / Remedies against procedural determinations by a supervisory authority under national law shall only be brought together with the remedy against the final material decision. Deadlines for remedies against procedural determinations under applicable national law are prolonged for the duration of the procedure before the supervisory authority.

Removed:Article 28 b (new): Article28b / Enforcement Statistics / Supervisory authorities shall report the following numbers in their activity report under Article 59 of Regulation (EU) 2016/679: / (a) the number of ex officio investigations initiated by the supervisory authority; / (b) the number of ex officio investigations initiated by other supervisory authorities; / (c) the number of complaints received, including the number that were rejected, dismissed, withdrawn, partly upheld, fully upheld or otherwise closed; / (d) the number of legally binding decisions currently on appeal; / (e) the number and average duration of open and decided procedures under (a) to (d) to date; / (f) the number of each type of measure taken in accordance with Article 58(2) of Regulation (EU) 2016/679 or applicable national law; / (g) the number and the amount of fines issued and collected under Article 83 and 84 of Regulation (EU) 2016/679 or relevant national law; and / (h) the annual budget and the number of staff, by training, tasks and organizational units. / 2. Supervisory authorities shall publish the activity report for the past year without undue delay, but no later than by 30 June. / 3. The Board shall make the information of all supervisory authorities in paragraph 1 available to the public no later than 31 July of each year for the previous year.

Removed:Article 29: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 30 – paragraph 1: Chapters I, II and III shall apply to ex officio investigations opened after the entry into force of this Regulation and to complaint-based investigations where the complaint was lodged after the entry into force of this Regulation.

Removed:Article 30 – paragraph 2: Chapters V and VI shall apply to all cases submitted to dispute resolution under Article 65 and urgency procedure under Article 66(2) and (3) of Regulation (EU) 2016/679 after the entry into force of this Regulation.

Removed:Article 30 – paragraph 2 a (new): Until ... [six months from the date of application of this Regulation], the lead supervisory authority shall, upon request, provide all documents in its own file to other supervisory authorities by other electronic means.

Removed:Article 30 a (new): Article 30a / Evaluation and review / The Commission shall evaluate and review this Regulation as part of its reports to the European Parliament and to the Council under Article 97 of Regulation (EU) 2016/679.

Removed:Article 31 – title: Entry into force and application

Removed:Article 31 – paragraph 1 a (new): 1a. It shall apply from … [one year from the date of entry into force of this Regulation]. / However, Article 2b(1), point(c), Article 2b(3), last sentence, Article 2c(2), last sentence, and (5), Article 2d(3) and (6), Articles 8(1) and 18(1), point (a) shall apply from ... [six months from the date of application of this Regulation].

Removed:Annex I – Part A – point 1: (deleted) / Where the complaint is submitted by a body, organisation or association referred to in Article 80 of Regulation (EU) 2016/679, submit proof that the body, organisation or association has been properly constituted in accordance with the law of a Member State. / Where the complaint is submitted on the basis of Article 80(1) of Regulation (EU) 2016/679, proof that the body, organisation or association lodging the complaint is acting on the basis of the mandate of a data subject. / (deleted) / (deleted)

Removed:Annex I – Part A – point 2: The name, address and any other available contact details of the complainant, including, where the complaint is submitted electronically, email address. / (deleted) / (deleted) / -----------

Removed:Annex I – Part A – point 3: Provide all information in your possession to facilitate the identification of the entity which is the subject of your complaint, including the name, address and any other contact details of that entity.