Recitals
- Recital (1)Regulation (EU) 2016/679 of the European Parliament and of the Council establishes a decentralised enforcement system, which aims to ensure…
- Recital (2)In order to provide for the smooth and effective functioning of the cooperation mechanism and the dispute resolution mechanism provided for…
- Recital (3)In the absence of Union rules governing the matter, it is for each Member State, in accordance with the principle of procedural autonomy of…
- Recital (4)This Regulation aims to ensure that investigations in cases concerning cross-border processing are carried out in accordance with the…
- Recital (5)Complaints are an essential source of information for detecting infringements of data protection rules. Information provided by a…
- Recital (6)A complaint should be understood as a claim lodged by a data subject with a supervisory authority in accordance with Article 77(1) or…
- Recital (7)In order for a complaint concerning cross-border processing to be admissible, it should contain specified information. No information…
- Recital (8)The contact details of the person lodging the complaint could include a postal address, place of residence and, where available, an email…
- Recital (9)Where the complaint is lodged by a not-for-profit body, organisation or association referred to in Article 80 of Regulation (EU) 2016/679,…
- Recital (10)The complainant should not be required to contact the party under investigation before lodging a complaint in order for that complaint to…
- Recital (11)The supervisory authority with which the complaint has been lodged should determine, by way of a preliminary conclusion, whether the…
- Recital (12)It is important that supervisory authorities facilitate the submission of all required information by the complainant, for example by…
- Recital (13)In order to facilitate the handling of a complaint, supervisory authorities should be able to request supplementary information from the…
- Recital (14)Where, following receipt of an admissible complaint concerning cross-border processing from a supervisory authority, the lead supervisory…
- Recital (15)Where the lead supervisory authority initiates an investigation on the basis of a complaint, the parties under investigation should be…
- Recital (16)In order to guarantee the effective functioning of the cooperation and consistency mechanisms in Chapter VII of Regulation (EU) 2016/679,…
- Recital (17)Supervisory authorities should decide on complaints within a reasonable timeframe. For this reason, this Regulation lays down time limits.…
- Recital (18)A complainant should have the possibility to communicate exclusively with the supervisory authority with which the complaint of that…
- Recital (19)It is important to consider the personal data processed and the situation of the data subject, for example where a complaint relates to the…
- Recital (20)The lead supervisory authority should provide the supervisory authority with which the complaint has been lodged with the necessary…
- Recital (21)In order for supervisory authorities to bring a swift end to infringements of Regulation (EU) 2016/679 and to deliver a quick resolution…
- Recital (22)A complaint should be resolved through an early resolution procedure only where the complainant has not submitted a timely objection to the…
- Recital (23)The early resolution of a complaint can be particularly useful to expeditiously resolve complaints concerning infringements of the rights…
- Recital (24)The early resolution of a complaint through an early resolution procedure should be without prejudice to the exercise by the lead…
- Recital (25)Where the lead supervisory authority to which the complaint has been transmitted considers that a complaint can be resolved through an…
- Recital (26)Where the lead supervisory authority has formed a preliminary view on the main issues in an investigation, it should be possible for the…
- Recital (27)Where the lead supervisory authority intends to apply the simple cooperation procedure, it should inform the other supervisory authorities…
- Recital (28)Where a supervisory authority is required to take certain procedural steps within specified time limits, the purpose of those time limits…
- Recital (29)The lead supervisory authority should be able to extend the time limit for submitting a draft decision. Such extensions should be applied…
- Recital (30)Where the lead supervisory authority extends the time limit for submitting a draft decision, the other supervisory authorities concerned…
- Recital (31)In order to ensure that proceedings are conducted in an efficient manner, without prejudice to the procedural autonomy of Member States, it…
- Recital (32)It is particularly important for supervisory authorities to reach consensus on key aspects of the case as early as possible and prior to…
- Recital (33)The exchange of relevant information between the lead supervisory authority and the other supervisory authorities concerned is an important…
- Recital (34)While the lead supervisory authority should provide any relevant information to the other supervisory authorities concerned without delay…
- Recital (35)As part of the relevant information on a specific case, the lead supervisory authority should provide the other supervisory authorities…
- Recital (36)Supervisory authorities concerned should have the opportunity to provide their comments on the summary of key issues, including on a broad…
- Recital (37)In the interest of effective inclusive cooperation between the lead supervisory authority and all the other supervisory authorities…
- Recital (38)Supervisory authorities should be able to use all means necessary to reach consensus in a spirit of sincere and effective cooperation.…
- Recital (39)Regulation (EU) 2016/679 enables the supervisory authority to request an urgent binding decision from the Board where a competent…
- Recital (40)Procedural rights should be conferred on a complainant to the extent that his or her rights and freedoms as a data subject are concerned.…
- Recital (41)Complainants should have the opportunity to make their views known before a decision adversely affecting them is taken. Therefore, in the…
- Recital (42)It is necessary to clarify the division of responsibilities between the lead supervisory authority and the supervisory authority with which…
- Recital (43)The effective enforcement of Union data protection rules should be compatible with the full respect for the rights of defence of the…
- Recital (44)In order to effectively safeguard the right to good administration and the rights of defence as enshrined in the Charter of Fundamental…
- Recital (45)The rules regarding the administrative procedure applied by supervisory authorities when enforcing Regulation (EU) 2016/679 should ensure…
- Recital (46)These rules should be without prejudice to the possibility for supervisory authorities to grant further access to the administrative file…
- Recital (47)The preliminary findings define the scope of the investigation and therefore the scope of any future final decision, as the case may be,…
- Recital (48)This Regulation provides for rules for situations where the lead supervisory authority is required by national law to engage in subsequent…
- Recital (49)The parties under investigation should be provided with a right to be heard prior to the submission of a revised draft decision under…
- Recital (50)Complainants should be given the possibility to be associated with the proceedings initiated by a supervisory authority with a view to…
- Recital (51)Complainants should be given the possibility to submit in writing their views on the preliminary findings to the extent that those views…
- Recital (52)When setting deadlines for parties under investigation and complainants to provide their views on preliminary findings, it is important…
- Recital (53)The exchange of views between supervisory authorities prior to the submission of a draft decision involves an open dialogue and an…
- Recital (54)In the interest of the efficient and inclusive conclusion of the dispute resolution procedure, where all supervisory authorities should be…
- Recital (55)Access to the administrative file is provided for as a part of the rights of defence and the right to good administration enshrined in the…
- Recital (56)When granting access to the administrative file to the parties under investigation and the complainant, supervisory authorities should…
- Recital (57)Where trade secrets or other confidential information are necessary to prove an infringement, the supervisory authorities should assess for…
- Recital (58)Access to documents included in the administrative file on the basis of access to public documents is to be provided in accordance with…
- Recital (59)It is important that the Board facilitate access to decisions adopted in accordance with the cooperation and consistency mechanisms, by…
- Recital (60)It is important that the provision to the complainant of a version of the final decision in accordance with this Regulation remain without…
- Recital (61)When referring subject matter to dispute resolution under Article 65 of Regulation (EU) 2016/679, the lead supervisory authority should…
- Recital (62)The binding decision of the Board under Article 65(1), point (a), of Regulation (EU) 2016/679 should concern exclusively matters which led…
- Recital (63)In order to streamline the resolution of disputes between supervisory authorities submitted to the Board under Article 65(1), points (b)…
- Recital (64)In order to streamline the procedure for the adoption of urgent opinions and urgent binding decisions of the Board under Article 66(2) of…
- Recital (65)Regulation (EU) 2016/679 provides that the data subject has a right to an effective judicial remedy where a competent supervisory authority…
- Recital (66)The implementation of this Regulation requires adequate digital tools supporting the rapid and secure exchange of information. It is…
- Recital (67)Chapters III and IV of this Regulation concern cooperation between supervisory authorities, the procedural rights of parties under…
- Recital (68)The European Data Protection Supervisor and the Board were consulted in accordance with Article 42(1) and (2) of Regulation (EU) 2018/1725…
Text as published in the Official Journal; for the authentic version, see EUR-Lex.
