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Guidelines 03/2021 on the application of Article 65(1)(a) GDPR

These Guidelines clarify the application of Article 65(1)(a) GDPR. In particular, they clarify the application of the relevant provisions of the GDPR and Rules of Procedure, delineate the main stages of the procedure and clarify the competence of the EDPB when adopting a legally binding decision on the basis of Article 65(1)(a) GDPR. The Guidelines also include a description of the applicable procedural safeguards and remedies.

Article 65(1)(a) GDPR is a dispute resolution mechanism meant to ensure the correct and consistent application of the GDPR in cases involving cross-border processing of personal data. It aims to resolve conflicting views among the LSA(s) and CSA(s) on the merits of the case, in particular whether there is an infringement of the GDPR or not, in order to ensure the correct and consistent application of the GDPR in individual cases.