European Data Protection Law and Regulation - Supervision and Enforcement - Competence and international cooperation
8 important questions on European Data Protection Law and Regulation - Supervision and Enforcement - Competence and international cooperation
How does the law decide which regulator should be responsible for the regulatory work if there are competing options?
By the rules on: competence, cooperation and consistency
Where is each supervisor competent?
In his own state
Art. 55
How is cooperation ensured?
- General obligation to cooperate for regulators (Art. 57 (1)(g))
- duties of cooperation for cross-border processing operations (Art. 60)
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What is needed to determine the 'lead supervisory authority' in case of cross-border processing?
The 'main establishment' of the controller/processor
(Art. 56)
What is the essence of mutual assistance and joint operations? - Art. 61 & 62
When do the lead authority rules apply?
Which article needs to be used as a procedure with cross-border processing?
What is the essence of article 60?
The provision of a draft decision by the lead authority to other DPA's which may give rise to comments, a reasonable objection from other DPA's or an agreement. THey must find consensus or following the consistency mechanism.
If there are no objections, the lead DPA and other DPA's are deemed to be in agreement and the draft decision is binding.
The question on the page originate from the summary of the following study material:
- A unique study and practice tool
- Never study anything twice again
- Get the grades you hope for
- 100% sure, 100% understanding
