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(100)In order to ensure consistent monitoring and enforcement of this Regulation throughout the
Union, the supervisory authorities should have in each Member State the same tasks and
effective powers, including powers of investigation, corrective powers and sanctions, and
authorisation and advisory powers, particularly in cases of complaints from individuals, and
without prejudice to the powers of prosecutorial authorities under national law, to bring
infringements of this Regulation to the attention of the judicial authorities and/or engage in
legal proceedings. Such powers should alsoinclude the power to impose a temporary or
definitive limitation, including a ban, on processing. Member States may specify other tasks
related to the protection of personal data under this Regulation. The powers of supervisory
authorities should be exercised in conformity with appropriate procedural safeguardsset out
in Union law and national law, impartially, fairly and within a reasonable time. In particular
each measure should be appropriate, necessary and proportionate in view of ensuring
compliance with this Regulation, taking into account the circumstances of each individual
case, respect the right of every person to be heard before any individual measure which would
affect him or her adversely is taken and avoid superfluous costs and excessive inconveniences
for the persons concerned. Investigatory powers as regards access to premises should be
exercised in accordance with specific requirements in national procedural law, such as the
requirement to obtain a prior judicial authorisation. Each legallybinding measure of the
supervisory authority should be in writing, be clear and unambiguous, indicate the
supervisory authority which has issued the measure, the date of issue of the measure, bear the
signature of the head, or a member of the supervisory authority authorised by him or her, give
the reasons for the measure, and refer to the right of an effective remedy. This should not
preclude additional requirements pursuant to national procedural law. The adoption of such
legally binding decision impliesthat it may give rise to judicial review in the Member State of
the supervisory authority that adopted the decision.
(101)(…)
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(101a)
Where the supervisory authority to which the complaint has been lodged is not the lead
supervisory authority, the lead supervisory authority should closely co-operate with the
supervisory authority to which the complaint has been lodged according to the provisions on
co-operation and consistency laid down in this Regulation. In such cases, the lead supervisory
authority should, when taking measures intended to produce legal effects, including the
imposition of administrative fines, take utmost account of the view of the supervisory
authority to which the complaint has been lodged and which should remain competent to
carry out any investigation on the territory of its own Member State in liaison with the
competent supervisory authority.
(101b)
In cases where another supervisory authority should act as a lead supervisory authority for
the processing activities of the controller or processor but the concrete subject matter of a
complaint or the possible infringement concerns only processing activities of the controller or
processor in the Member State where the complaint has been lodged or the possible
infringement detected andthe matter does not substantially affect or is not likely to
substantially affect data subjects in other Member States, the supervisory authority receiving a
complaint or detecting or being informed otherwise of situations that entail possible
infringements of the Regulation should seek an amicable settlement with the controller and, if
this proves unsuccessful, exercise its full range of powers. This should include specific
processing carried out in the territory of the Member State of the supervisory authority or with
regard to data subjects on the territory of that Member State; or to processing that is carried
out in the context of an offer of goods or services specifically aimed at data subjects in the
territory of the Member State of the supervisory authority; or that has to be assessed taking
into account relevant legal obligations under national law.
(102)Awareness raising activities by supervisory authorities addressed to the public should include
specific measures directed at controllers and processors, including micro, small and medium-
sized enterprises, as well as individuals in particular in the educational context.
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(103)The supervisory authorities should assist each other in performing their tasks and provide
mutual assistance, so as to ensure the consistent application and enforcement of this
Regulation in the internal market.A supervisory authority requesting mutual assistance may
adopt a provisional measure, in case of no response of the requested supervisory authority
within one month of receiving the request.
(104)Each supervisory authority should participate in joint operations between supervisory
authorities, where appropriate. The requested supervisory authority should be obliged to
respond to the request in a defined time period.
(105)In order to ensure the consistent application of this Regulation throughout the Union, a
consistency mechanism for co-operation between the supervisory authorities should be
established. This mechanism should in particular apply where a supervisoryauthority intends
to adopt a measure intended to produce legal effects as regards processing operations which
substantially affect a significant number of data subjects in several Member States. It should
also apply where any supervisory authority concerned or the Commission requests that such
matter should be dealt with in the consistency mechanism. This mechanism should be without
prejudice to any measures that the Commission may take in the exercise of its powers under
the Treaties.
(106)In application of the consistency mechanism, the European Data Protection Board should,
within a determined period of time, issue an opinion, if a majority of its members so decides
or if so requested by any supervisory authority concerned or the Commission. The European
Data Protection Board should also be empowered to adopt legally binding decisions in case of
disputes between supervisory authorities. For that purposes it should issue, in principle with a
two-third majority of its members, legally binding decisions inclearly defined cases where
there are conflicting views among supervisory authorities in particular in the cooperation
mechanism between the lead supervisory authority and concerned supervisory authorities on
the merits of the case, notably whether there is an infringement of this Regulation or not.
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(107)(…)
(108)There may be an urgent need to act in order to protect the rights and freedoms of data
subjects, in particular when the danger exists that the enforcement of a right of a data subject
could be considerably impeded. Therefore, a supervisory authority may adopt duly justified
provisional measures on its territory with a specified period of validity which should not
exceed three months.
(109)The application of this mechanism should be a condition for the lawfulness of a measure
intended to produce legal effects by a supervisory authority in those cases where its
application is mandatory. In other cases of cross-border relevance, the co-operation
mechanism between the lead supervisory authority and concerned supervisory authorities
should be applied and mutual assistance and joint operations might be carried out between the
concerned supervisory authorities on a bilateral or multilateral basis without triggering the
consistency mechanism.
(110)In order to promote the consistent application of this Regulation, the European Data
Protection Board should be set up as an independent body of the Union. To fulfil its
objectives, the European Data Protection Board should have legal personality. The European
Data Protection Board should be represented by its Chair. It should replace the Working
Party on the Protection of Individuals with Regard to the Processing of Personal Data
established by Directive 95/46/EC. It should consist of a head of a supervisory authority of
each Member State and the European Data Protection Supervisor or their respective
representatives. The Commission should participate in its activities without voting rights for
the Commission and specific voting rights for the European Data Protection Supervisor. The
European Data Protection Board should contribute to the consistent application of this
Regulation throughout the Union, including by advising the Commission, in particular on the
level of protection in third countries or international organisations, and promoting co-
operation of the supervisory authorities throughout the Union. The European Data Protection
Board should act independently when exercising its tasks.
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(110a)
The European Data Protection Board should be assisted by asecretariat provided by the
European Data Protection Supervisor. The staff of the European Data Protection Supervisor
involved in carrying out the tasks conferred on the European Data Protection Board by this
Regulation should perform its tasks exclusively under the instructions of, and report to the
Chair of the European Data Protection Board.
(111)Every data subject should have the right to lodge a complaint with a single supervisory
authority, in particular in the Member State of his or her habitual residence, and have the right
to an effective judicial remedy in accordance with Article 47 of the Charter of Fundamental
Rights if the data subject considers that his or her rights under this Regulation are infringed or
where the supervisory authority does not act on a complaint, partially or wholly rejects or
dismisses a complaint or does not act wheresuch action is necessary to protect the rights of
the data subject. The investigation following a complaint should be carried out, subject to
judicial review, to the extent that is appropriate in the specific case. The supervisory authority
should inform the data subject of the progress and the outcome of the complaint within a
reasonable period. If the case requires further investigation or coordination with another
supervisory authority, intermediate information should be given to the data subject. In order to
facilitate the submission of complaints, each supervisory authority should take measures such
as providing a complaint submission form which can be completed also electronically,
without excluding other means of communication.
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