EDPB adopts its first decision on the basis of Art. 65 of the GDPR


On 10 November 2020, the EDPB announced that during its 41st plenary session, it had adopted its first dispute resolution decision on the basis of Art. 65 of the GDPR.

According to Art. 65 of the GDPR, the EDPB shall adopt such decision, among others, when a supervisory authority concerned (CSA) has raised a relevant and reasoned objection to a draft decision of the lead supervisory authority (LSA) or when the LSA has rejected such an objection as being not relevant or reasoned.

The EDPB stated that the adopted decision addresses the dispute arisen following a draft decision issued by the Irish LSA regarding Twitter International Company and the subsequent relevant and reasoned objections (RROs) expressed by a number of CSAs. In a nutshell, among others, the CSAs issued RROs on the infringements of the GDPR identified by the LSA, the role of Twitter International Company as the (sole) data controller, and the quantification of the proposed fine. The Irish LSA rejected the objections and/or considered they were not “relevant and reasoned”.

As the following step, the Irish LSA shall adopt its final decision on the basis of the EDPB decision. The Irish LSA and the CSAs shall notify the EDPB of the date the final decision was notified to the controller. Following this notification, the EDPB will publish its decision on its website.

The press release is available here.