• Courses
      • Global Series of National Privacy Laws
      • Nederlandse Privacy Academie
    • Resources
    • Join GADPPRO ACADEMY
      • Join GADPPRO Academy as an Official Partner
      • Become an Official GADPPRO Training Entity
      • Join the GADPPRO Business Academy
      • Secretariat & International Training Centre
      • Contact Us
    •  
      • RegisterLog in
    Privacad GADPPRO Academy
      • Courses
        • Global Series of National Privacy Laws
        • Nederlandse Privacy Academie
      • Resources
      • Join GADPPRO ACADEMY
        • Join GADPPRO Academy as an Official Partner
        • Become an Official GADPPRO Training Entity
        • Join the GADPPRO Business Academy
        • Secretariat & International Training Centre
        • Contact Us
      •  
        • RegisterLog in

      Blog

      Guidelines 9/2020 on relevant and reasoned objection under Regulation 2016/679

      • Categories Blog, Business, Design / Branding, Free Data Protection Resources, Uncategorized
      • Date November 29, 2020

      Guidelines 9/2020 on relevant and reasoned objection under Regulation 2016/679

      SECTION 1 GENERAL

      1. Within the cooperation mechanism set out by the GDPR, the supervisory authorities (“SAs”) have a duty to “exchange all relevant information with each other” and cooperate “in an endeavour to reach consensus”. This duty of cooperation applies to every stage of the procedure, starting with the inception of the case and extending to the whole decision-making process.The achievement of an agreement on the outcome of the case is therefore the ultimate goal of the whole procedure established by Article 60 GDPR. In the situations in which no consensus is reached among the SAs, Article 65 GDPR entrusts the EDPB with the power to adopt binding decisions. However,the exchange of information and the consultation among the Lead Supervisory Authority (“LSA”) and the Concerned Supervisory Authorities (“CSAs”) often enables an agreement to be reached at the early stages of the case.

      2. According to Article 60 (3) and (4) GDPR, the LSA is required to submit a draft decision to the CSAs, which then may raise a relevant and reasoned objection within a specific timeframe (four weeks). Upon receipt of a relevant and reasoned objection, the LSA has two options open to it. If it does not follow the relevant and reasoned objection or is of the opinion that the objection is not reasoned or relevant, it shall submit the matter to the Board within the consistency mechanism. If the LSA, on the contrary, follows the objection and issues the revised draft decision, the CSAs may express a relevant and reasoned objectionon the revised draft decision within a period of two weeks.

      3. When the LSA doesnot follow an objection or rejects it as not relevant or reasoned and therefore submits the matter to the Board according to Article 65 (1)(a) GDPR, it then becomes incumbent upon the Board to adopt a binding decision on whether the objection is “relevant and reasoned” and if so, on all the matters which are the subject of the objection.

      4. Therefore, one of the key elements signifying the absence of consensus between the LSA and the CSAs, is the concept of “relevant and reasoned objection”. This document seeks to provide guidance with respect to this concept and aims at establishing a common understanding of the notion of the terms “relevant and reasoned”, including what should be considered when assessing whether an objection “clearly demonstrates the significance of the risks posed by the draft decision” (Article 4(24) GDPR).

      • Share:
      author avatar
      Richard V

      Previous post

      Guidelines 9/2020 on relevant and reasoned objection under Regulation 2016/679
      November 29, 2020

      Next post

      Guidelines 9/2020 on relevant and reasoned objection under Regulation 2016/679
      November 29, 2020

      You may also like

      Children Safety Encryption www.privacad.com
      Apple’s New Step to Protect Child Abuse via Encryption Feature
      20 August, 2021
      DNA Technology and Privacy www.privacad.com
      DNA Technology Regulation Bill and Violation of Privacy for Minority Groups
      19 August, 2021
      www.privacad.com
      India accuses Twitter of not complying with new IT rules
      18 August, 2021

      Search

      Categories

      • Blog
      • Business
      • Design / Branding
      • Free Data Protection Resources
      • Nederlandse Privacy Academie
      • Uncategorized
      Facebook-f Linkedin-in

      © Privacad 2020

      For all your questions about courses

      students@privacad.com

      For all your questions about Privacad for business

      info@privacad.com

      Links

      • Courses
      • Become a GADPPRO Academy Official Training Entity
      • Resources
      • Free Data Protection Resources
      • Blog
      • Profile
      • Students Stewards Network (SSN)

      Support

      • Privacy Policy
      • Terms of Use
      • FAQs
      • Contact

      © GADPPRO Academy | Privacad 2022

      GADPPRO Academy 2022

      Login with your site account

      Lost your password?

      Not a member yet? Register now

      Register a new account

      Are you a member? Login now