1. The lead supervisory authority shall cooperate with the other supervisory authorities concerned in accordance with this Article in an endeavour to reach consensus. The lead supervisory authority and the supervisory authorities concerned shall exchange all relevant information with each other.
Article 60 GDPR - Cooperation between the lead supervisory authority and the other supervisory authorities concerned
2. The lead supervisory authority may request at any time other supervisory authorities concerned to provide mutual assistance pursuant to Article 61 and may conduct joint operations pursuant to Article 62, in particular for carrying out investigations or for monitoring the implementation of a measure concerning a controller or processor established in another Member State.
3. The lead supervisory authority shall, without delay, communicate the relevant information on the matter to the other supervisory authorities concerned. It shall without delay submit a draft decision to the other supervisory authorities concerned for their opinion and take due account of their views.
4. Where any of the other supervisory authorities concerned within a period of four weeks after having been consulted in accordance with paragraph 3 of this Article, expresses a relevant and reasoned objection to the draft decision, the lead supervisory authority shall, if it does not follow the relevant and reasoned objection or is of the opinion that the objection is not relevant or reasoned, submit the matter to the consistency mechanism referred to in Article 63.
5. Where the lead supervisory authority intends to follow the relevant and reasoned objection made, it shall submit to the other supervisory authorities concerned a revised draft decision for their opinion. That revised draft decision shall be subject to the procedure referred to in paragraph 4 within a period of two weeks.
6. Where none of the other supervisory authorities concerned has objected to the draft decision submitted by the lead supervisory authority within the period referred to in paragraphs 4 and 5, the lead supervisory authority and the supervisory authorities concerned shall be deemed to be in agreement with that draft decision and shall be bound by it.
7. The lead supervisory authority shall adopt and notify the decision to the main establishment or single establishment of the controller or processor, as the case may be and inform the other supervisory authorities concerned and the Board of the decision in question, including a summary of the relevant facts and grounds. The supervisory authority with which a complaint has been lodged shall inform the complainant on the decision.
8. By derogation from paragraph 7, where a complaint is dismissed or rejected, the supervisory authority with which the complaint was lodged shall adopt the decision and notify it to the complainant and shall inform the controller thereof.
9. Where the lead supervisory authority and the supervisory authorities concerned agree to dismiss or reject parts of a complaint and to act on other parts of that complaint, a separate decision shall be adopted for each of those parts of the matter. The lead supervisory authority shall adopt the decision for the part concerning actions in relation to the controller, shall notify it to the main establishment or single establishment of the controller or processor on the territory of its Member State and shall inform the complainant thereof, while the supervisory authority of the complainant shall adopt the decision for the part concerning dismissal or rejection of that complaint, and shall notify it to that complainant and shall inform the controller or processor thereof.
10. After being notified of the decision of the lead supervisory authority pursuant to paragraphs 7 and 9, the controller or processor shall take the necessary measures to ensure compliance with the decision as regards processing activities in the context of all its establishments in the Union. The controller or processor shall notify the measures taken for complying with the decision to the lead supervisory authority, which shall inform the other supervisory authorities concerned.
11. Where, in exceptional circumstances, a supervisory authority concerned has reasons to consider that there is an urgent need to act in order to protect the interests of data subjects, the urgency procedure referred to in Article 66 shall apply.
12. The lead supervisory authority and the other supervisory authorities concerned shall supply the information required under this Article to each other by electronic means, using a standardised format.
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
Article 60 organises the one-stop-shop procedure for cross-border processing. Under paragraph 1 the lead supervisory authority, identified under Article 56, must cooperate with the other supervisory authorities concerned in an endeavour to reach consensus and exchange all relevant information, and under paragraph 3 it must submit a draft decision to them for their opinion and take due account of their views.
A concerned authority has four weeks under paragraph 4 to express a relevant and reasoned objection. If the lead authority does not follow the objection, or considers it not relevant or reasoned, it must submit the matter to the consistency mechanism under Article 63, which leads to a binding decision of the Board under Article 65(1)(a). If it intends to follow the objection, paragraph 5 requires it to circulate a revised draft decision, which is subject to a further two-week objection period.
Under paragraph 7 the lead supervisory authority adopts the decision and notifies it to the main establishment or single establishment of the controller or processor, informing the other authorities concerned and the Board, while the authority with which a complaint was lodged informs the complainant. Paragraph 8 derogates from this where a complaint is dismissed or rejected, in which case the authority with which the complaint was lodged adopts and notifies that decision.
Paragraph 9 requires a separate decision for each part. The lead authority adopts the decision on the actions to be taken in relation to the controller or processor and notifies it to the main or single establishment, while the authority of the complainant adopts the decision dismissing or rejecting the remainder and notifies it to the complainant, each informing the other addressee.
No. Under paragraph 10 the controller or processor must take the necessary measures to ensure compliance with the decision as regards processing activities in the context of all its establishments in the Union, and must notify the measures taken to the lead authority, which informs the other authorities concerned. Paragraph 6 likewise makes an unobjected draft decision binding on the lead authority and all authorities concerned.