Article 65 GDPR - Dispute resolution by the Board

1. In order to ensure the correct and consistent application of this Regulation in individual cases, the Board shall adopt a binding decision in the following cases:
(a) where, in a case referred to in Article 60(4), a supervisory authority concerned has raised a relevant and reasoned objection to a draft decision of the lead supervisory authority and the lead supervisory authority has not followed the objection or has rejected such an objection as being not relevant or reasoned. The binding decision shall concern all the matters which are the subject of the relevant and reasoned objection, in particular whether there is an infringement of this Regulation;
(b) where there are conflicting views on which of the supervisory authorities concerned is competent for the main establishment;
(c) where a competent supervisory authority does not request the opinion of the Board in the cases referred to in Article 64(1), or does not follow the opinion of the Board issued under Article 64. In that case, any supervisory authority concerned or the Commission may communicate the matter to the Board.
2. The decision referred to in paragraph 1 shall be adopted within one month from the referral of the subject-matter by a two-thirds majority of the members of the Board. That period may be extended by a further month on account of the complexity of the subject-matter. The decision referred to in paragraph 1 shall be reasoned and addressed to the lead supervisory authority and all the supervisory authorities concerned and binding on them.
3. Where the Board has been unable to adopt a decision within the periods referred to in paragraph 2, it shall adopt its decision within two weeks following the expiration of the second month referred to in paragraph 2 by a simple majority of the members of the Board. Where the members of the Board are split, the decision shall by adopted by the vote of its Chair.
4. The supervisory authorities concerned shall not adopt a decision on the subject matter submitted to the Board under paragraph 1 during the periods referred to in paragraphs 2 and 3.
5. The Chair of the Board shall notify, without undue delay, the decision referred to in paragraph 1 to the supervisory authorities concerned. It shall inform the Commission thereof. The decision shall be published on the website of the Board without delay after the supervisory authority has notified the final decision referred to in paragraph 6.
6. The lead supervisory authority or, as the case may be, the supervisory authority with which the complaint has been lodged shall adopt its final decision on the basis of the decision referred to in paragraph 1 of this Article, without undue delay and at the latest by one month after the Board has notified its decision. The lead supervisory authority or, as the case may be, the supervisory authority with which the complaint has been lodged, shall inform the Board of the date when its final decision is notified respectively to the controller or the processor and to the data subject. The final decision of the supervisory authorities concerned shall be adopted under the terms of Article 60(7), (8) and (9). The final decision shall refer to the decision referred to in paragraph 1 of this Article and shall specify that the decision referred to in that paragraph will be published on the website of the Board in accordance with paragraph 5 of this Article. The final decision shall attach the decision referred to in paragraph 1 of this Article.

Relevant Recitals

Frequently Asked Questions

Short answers to common questions about this provision. They are general information and not legal advice.

Article 65(1) lists three cases. The Board decides where a supervisory authority concerned has raised a relevant and reasoned objection under Article 60(4) and the lead supervisory authority has not followed it or has rejected it as not relevant or reasoned, where there are conflicting views on which supervisory authority is competent for the main establishment, and where a competent supervisory authority fails to request an opinion of the Board in the cases listed in Article 64(1) or does not follow an opinion issued under Article 64.

Under point (a) of Article 65(1), the decision concerns all the matters which are the subject of the relevant and reasoned objection, in particular whether there is an infringement of the Regulation. The Board therefore does not review the entire draft decision of the lead authority, only the points actually placed in dispute by the objection.

Article 65(2) requires adoption within one month of the referral by a two-thirds majority of the members, extendable by a further month on account of the complexity of the subject-matter. If no decision is reached within those periods, Article 65(3) provides that the Board decides within two further weeks by a simple majority, and where the members are split the vote of the Chair carries the decision.

No. Article 65(4) prohibits the supervisory authorities concerned from adopting a decision on the subject matter submitted to the Board during the periods laid down in paragraphs 2 and 3, which preserves the Board's role as the arbiter of the dispute.

The lead supervisory authority, or the authority with which the complaint was lodged, must adopt its final decision on the basis of the Board's decision at the latest one month after notification, under the terms of Article 60(7), (8) and (9), and must refer to and attach the Board's decision. Article 65(5) requires the Chair to notify the authorities concerned and inform the Commission, and the Board's decision is published on its website once the national authority has notified its final decision under paragraph 6.