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63. Consistency mechanism

19/12/2016 by Andreas Schindler

« 62. Joint operations of supervisory authorities64. Opinion of the Board »

CHAPTER VII Cooperation and consistancy Section 2 Consistancy

63. Consistency mechanism

In order to contribute to the consistent application of this Regulation throughout the Union, the supervisory authorities shall cooperate with each other and, where relevant, with the Commission, through the consistency mechanism as set out in this Section.

Recitals

Recital 135

In order to ensure the consistent application of this Regulation throughout the Union, a consistency mechanism for cooperation between the supervisory authorities should be established. That mechanism should in particular apply where a supervisory authority‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 GDPR Article 4 Paragraph 21 intends to adopt a measure intended to produce legal effects as regards processing‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. GDPR Article 4 Paragraph 2 operations which substantially affect a significant number of data subjects in several Member States. It should also apply where any supervisory authority concerned‘supervisory authority concerned’ means a supervisory authority which is concerned by the processing of personal data because: (a) the controller or processor is established on the territory of the Member State of that supervisory authority; (b) data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or (c) a complaint has been lodged with that supervisory authority GDPR Article 4 Paragraph 22 or the Commission requests that such matter should be handled in the consistency mechanism. That mechanism should be without prejudice to any measures that the Commission may take in the exercise of its powers under the Treaties.

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