Article 65 GDPR
Dispute settlement by the European Data Protection Board

1. In order to ensure the proper and consistent application of this Regulation in individual situations, the European Data Protection Board shall adopt binding decisions in the following cases:

(a)

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if, in the case referred to in Article 60(4), the supervisory authority concerned has raised a relevant and reasoned objection to the draft decision of the lead supervisory authority, and the lead supervisory authority has not upheld that objection or has dismissed it as irrelevant or unfounded. The binding decision shall cover all matters that are the subject of the relevant and reasoned objection, in particular whether there has been an infringement of this Regulation;

(b) if there are conflicting opinions as to which of the supervisory authorities concerned is competent in relation to the main organisational unit;

(c) if the competent supervisory authority has not sought the opinion of the European Data Protection Board in the cases referred to in Article 64(1), or has not complied with the opinion of the European Data Protection Board issued pursuant to Article 64. In such a case, the supervisory authority concerned or the Commission may refer the matter to the European Data Protection Board.

2. The decision referred to in paragraph 1 shall be adopted by the European Data Protection Board by a two-thirds majority of its members within one month of receipt of the case. Due to the complex nature of the case, this deadline may be extended by one month. The decision referred to in paragraph 1 shall be sent, together with its reasons, to the lead supervisory authority and all supervisory authorities concerned, and shall be binding on them.

3. If the European Data Protection Board is unable to adopt a decision within the time limits referred to in paragraph 2, it shall adopt a decision within two weeks after the expiration of the second month referred to in paragraph 2 by a simple majority of its members. If the votes of the members of the European Data Protection Board are equally divided, the chairman's vote shall be decisive.

4. Prior to the expiration of the time limits referred to in paragraphs 2 and 3, the supervisory authorities concerned shall not adopt a decision on the case submitted to the European Data Protection Board pursuant to paragraph 1.

5. The Chairman of the European Data Protection Board shall, without undue delay, notify the supervisory authorities concerned of the decision referred to in paragraph 1. He shall inform the Commission thereof. The decision shall be immediately published on the website of the European Data Protection Board after the supervisory authority has notified the final decision referred to in paragraph 6.

6. Without undue delay and no later than one month after the European Data Protection Board has notified its decision, the lead supervisory authority or, where applicable, the supervisory authority to which the complaint was lodged, shall adopt a final decision based on the decision referred to in paragraph 1 of this Article. The lead supervisory authority or, where applicable, the supervisory authority to which the complaint was lodged, shall inform the European Data Protection Board of the date on which the final decision was served on the controller or processor, as applicable, and on the data subject. The final decision of the supervisory authorities concerned shall be adopted in accordance with Article 60(7), (8), and (9). The final decision shall include information on the decision referred to in paragraph 1 of this Article and shall indicate that the decision referred to in that paragraph will be published on the website of the European Data Protection Board in accordance with paragraph 5 of this Article. The decision referred to in paragraph 1 of this Article shall be annexed to the final decision.