It is necessary to clarify the division of responsibilities between the lead supervisory authority and the supervisory authority with which the complaint has been lodged in the case of a full or partial rejection or dismissal of a complaint in a case concerning cross-border processing. As the point of contact for the complainant during the investigation, the supervisory authority with which the complaint has been lodged should provide the complainant with an opportunity to make his or her views known on the proposed full or partial rejection or dismissal of the complaint and that authority should be responsible for all communication with the complainant. All such communication should be transmitted to the lead supervisory authority. Since under Article 60(8) and (9) of Regulation (EU) 2016/679 the supervisory authority with which the complaint has been lodged has the responsibility of adopting the final decision fully or partially rejecting or dismissing the complaint, the lead supervisory authority should prepare the draft decision under Article 60(3) of Regulation (EU) 2016/679, in cooperation with the supervisory authority with which the complaint has been lodged. That cooperation includes the possibility to request the assistance of the supervisory authority with which the complaint has been lodged in preparing such a draft.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
