Overview

This article requires supervisory authorities to collaborate through joint operations, including investigations and enforcement actions, when data processing affects multiple EU Member States. Authorities must coordinate activities, share responsibilities, and act in accordance with mutual legal frameworks to ensure consistent GDPR application.

Key Principles

  • Collaboration: Authorities must work together on cross-border processing cases.

  • Coordinated Investigations: Joint investigations and enforcement actions ensure consistency.

  • Shared Responsibility: Roles and duties are allocated between authorities to optimize efficiency.

  • Legal Framework Compliance: Actions are conducted within the bounds of applicable GDPR and national laws.

Organizational Applicability

This article applies to:

  • Supervisory authorities overseeing cross-border processing of personal data.

  • Controllers and processors whose activities span multiple Member States.

  • Teams managing compliance, investigations, and enforcement for multinational processing activities.

Implementation Requirements

  • Establish procedures for conducting joint investigations and enforcement actions.

  • Coordinate responsibilities and tasks between authorities involved in cross-border cases.

  • Ensure all actions comply with GDPR and national legal frameworks.

  • Document joint operations, decisions, and outcomes for accountability and transparency.

Implementation Guidance

  • Use secure communication channels for sharing information between authorities.

  • Train staff on joint operation protocols, roles, and cross-border coordination.

  • Develop standardized templates for investigation reports, notifications, and enforcement actions.

  • Periodically review joint operation procedures to ensure efficiency and compliance.

Periodic Review

  • Frequency: Annually or when new cross-border cases or regulations arise.

  • Responsible Role: Lead and concerned supervisory authorities, Compliance Teams, or Legal.

  • Outcome: Ensure joint operations are effective, coordinated, and compliant with GDPR.

Non-Compliance Risks

  • Fines: Up to €20 million or 4% of global annual turnover for supervised entities.

  • Legal Exposure: Conflicting enforcement actions or ineffective cross-border investigations.

  • Reputational Damage: Loss of trust in supervisory authorities’ ability to manage cross-border compliance.

  • Operational Risk: Poor coordination may delay enforcement or compromise GDPR oversight.