66. Urgency procedure

CHAPTER VII Cooperation and consistancy Section 2 Consistancy

66. Urgency procedure

In exceptional circumstances, where a 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 considers that there is an urgent need to act in order to protect the rights and freedoms of data subjects, it may, by way of derogation from the consistency mechanism referred to in Articles 63, 64 and 65 or the procedure referred to in Article 60, immediately adopt provisional measures intended to produce legal effects on its own territory with a specified period of validity which shall not exceed three months. The 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 shall, without delay, communicate those measures and the reasons for adopting them to the other supervisory authorities concerned, to the Board and to the Commission.

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 has taken a measure pursuant to paragraph 1 and considers that final measures need urgently be adopted, it may request an urgent opinion or an urgent binding decision from the Board, giving reasons for requesting such opinion or decision.

Any 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 may request an urgent opinion or an urgent binding decision, as the case may be, from the Board where a competent 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 has not taken an appropriate measure in a situation where there is an urgent need to act, in order to protect the rights and freedoms of data subjects, giving reasons for requesting such opinion or decision, including for the urgent need to act.

By derogation from Article 64(3) and Article 65(2), an urgent opinion or an urgent binding decision referred to in paragraphs 2 and 3 of this Article shall be adopted within two weeks by simple majority of the members of the Board.