Where the lead supervisory authority has formed a preliminary view on the main issues in an investigation, it should be possible for the lead supervisory authority to cooperate with the other supervisory authorities concerned through a simple cooperation procedure. The simple cooperation procedure should be applied on a case-by-case basis, provided that the lead supervisory authority considers that no reasonable doubt exists as to the scope of the investigation and that the legal and factual issues identified do not require additional cooperation that would be required for the purposes of a complex investigation, in particular where those issues can be addressed on the basis of the characteristics of the case and previous decisions in similar cases. In addition, it is important that existing case-law and guidelines adopted by the Board on the alleged infringements of Regulation (EU) 2016/679 to be investigated be also taken into account by the lead supervisory authority in considering that consensus on the main elements of a case is likely to be reached. In principle, the simple cooperation procedure does not apply where the case raises systemic or recurring problems in several Member States, concerns a general legal issue with regard to the interpretation, application or enforcement of Regulation (EU) 2016/679, is related to the intersection of data protection with other legal fields, affects a large number of data subjects in several Member States, or is related to a large number of complaints in several Member States or where there might be a high risk to the rights and freedoms of data subjects.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
