Recital 97*

Go to related Article 51

Commission proposal

(97) Where the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union takes place in more than one Member State, one single supervisory authority should be competent for monitoring the activities of the controller or processor throughout the Union and taking the related decisions, in order to increase the consistent application, provide legal certainty and reduce administrative burden for such controllers and processors.

EDRi’s Proposed amendment

(97) Where the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union takes place in more than one Member State, one single supervisory authority should be competent for monitoring the activities of the controller or processor throughout the Union and taking the related decisions, in order to increase the consistent application, provide legal certainty and reduce administrative burden for such controllers and processors. When carrying out these activities, this supervisory authority should take appropriate steps to cooperate with its counterparts in other Member States where there are data subjects likely to be affected by the processing operations, involving the European Data Protection Board where appropriate, including by carrying out joint investigations. Appropriate mechanisms should be put in place to ensure that smaller supervisory authorities have the financial, administrative and human resources capacity to deal with any extra burdens that this places on them.

Justification
There is a trend for multinational online companies to establish in some smaller EU Member States. Without a mechanism to ensure that these DPAs are not overwhelmed by the cost of providing adequate supervision in such circumstances significant gaps in supervision may occur. DPAs responsible for supervising controllers who process personal data in multiple Member States should take appropriate steps to cooperate with their counterparts in the other Member States. In some cases, it might be useful to involve the Board here.

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