On 8 October 2020, the European Data Protection Board (EDPB) published new guidelines on relevant and reasoned objection under the General Data Protection Regulation (GDPR). The guidelines cover the cooperation and consistency provisions set out in Chapter VII of the GDPR, under which supervisory authorities have a duty to exchange all relevant information with each other and cooperate in an endeavor to reach consensus when they coordinate investigations that cross borders in the European Union (EU).
Under Article 60 of the GDPR, the lead supervisory authority (LSA) is required to submit draft decisions to the concerned supervisory authorities, who may then raise a “relevant and reasoned objection” to the LSA within a specific timeframe of four weeks. On review of the relevant and reasoned objection, the LSA can either follow the suggestions of the concerned supervisory authorities and produce a revised draft decision, or disagree with the objections and submit the matter to the EDPB for consideration under the GDPR’s consistency mechanism.
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