Article 36: Prior consultation
agent:eu:gdpr:art-36 · sha256 2853fef738cbaae4
Turnover framework under the act
- Art. 83(4): up to the higher of EUR 10,000,000 / 2 % of worldwide annual turnover
- Art. 83(5): up to the higher of EUR 20,000,000 / 4 % of worldwide annual turnover
- The framework follows from article 83.
Affected roles
Not in the register yet.
Affected industries
Not in the register yet.
Obligations
Not in the register yet.
Article text
1. The controller shall consult the supervisory authority prior to processing where a data protection impact assessment under Article 35 indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk.
2. Where the supervisory authority is of the opinion that the intended processing referred to in paragraph 1 would infringe this Regulation, in particular where the controller has insufficiently identified or mitigated the risk, the supervisory authority shall, within period of up to eight weeks of receipt of the request for consultation, provide written advice to the controller and, where applicable to the processor, and may use any of its powers referred to in Article 58. That period may be extended by six weeks, taking into account the complexity of the intended processing. The supervisory authority shall inform the controller and, where applicable, the processor, of any such extension within one month of receipt of the request for consultation together with the reasons for the delay. Those periods may be suspended until the supervisory authority has obtained information it has requested for the purposes of the consultation.
3. When consulting the supervisory authority pursuant to paragraph 1, the controller shall provide the supervisory authority with:
(a)
where applicable, the respective responsibilities of the controller, joint controllers and processors involved in the processing, in particular for processing within a group of undertakings;
(b)
the purposes and means of the intended processing;
(c)
the measures and safeguards provided to protect the rights and freedoms of data subjects pursuant to this Regulation;
(d)
where applicable, the contact details of the data protection officer;
(e)
the data protection impact assessment provided for in Article 35; and
(f)
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