Brussels, 12 October – During its 39th plenary session, the EDPB adopted guidelines on the concept of relevant and reasoned objection. The guidelines will contribute to a unified interpretation of the concept, which will help streamline future Art. 65 GDPR procedures.
Within the cooperation mechanism set out by the GDPR, the supervisory authorities (SAs) have a duty to “exchange all relevant information with each other” and cooperate “in an endeavour to reach consensus”. According to Article 60(3) and (4)GDPR, the lead supervisory authority (LSA) is required to submit a draft decision to the concerned supervisory authorities (CSAs), which may then raise a relevant and reasoned objection within a specific timeframe. Upon receipt of a relevant and reasoned objection, the LSA has two options. If it does not follow the relevant and reasoned objection or is of the opinion that the objection is not reasoned or relevant, it shall submit the matter to the Board within the consistency mechanism (Art. 65 GDPR). If the LSA, on the contrary, follows the objection and issues the revised draft decision, the CSAs may express a relevant and reasoned objection on the revised draft decision within a period of two weeks.
The guidelines aim to establish a common understanding of the notion ‘relevant and reasoned’, including what should be taken into consideration when assessing whether an objection “clearly demonstrates the significance of the risks posed by the draft decision” (Article 4(24) GDPR).
The agenda to the thirty-ninth plenary is available here.
Note to editors:
Please note that all documents adopted during the EDPB Plenary are subject to the necessary legal, linguistic and formatting checks and will be made available on the EDPB website once these have been completed.