GDPR Art. 65 EN
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Dispute resolution by the Board

Supervision Supervisory Authorities Processors Personal Data Controllers
In force — consolidated2016-05-04 · CELEX 02016R0679-20160504 · ELI ↗
Version history 2
  • 2016-05-04in force CELEX 02016R0679-20160504
  • 2016-04-27 CELEX 32016R0679
  1. 1.

    In order to ensure the correct and consistent application of this Regulation in individual cases, the Board shall adopt a binding decision in the following cases:

    29
    1. a)
      where, in a case referred to in Article 60(4), a supervisory authority concerned has raised a relevant and reasoned objection to a draft decision of the lead authority or the lead authority has rejected such an objection as being not relevant or reasoned. The binding decision shall concern all the matters which are the subject of the relevant and reasoned objection, in particular whether there is an infringement of this Regulation;
      Supervisory Authorities Supervision
    2. b)
      where there are conflicting views on which of the supervisory authorities concerned is competent for the main establishment;
      Supervision
    3. c)
      where a competent supervisory authority does not request the opinion of the Board in the cases referred to in Article 64(1), or does not follow the opinion of the Board issued under Article 64. In that case, any supervisory authority concerned or the Commission may communicate the matter to the Board.
      Supervisory Authorities Supervision
  2. 2.

    The decision referred to in paragraph 1 shall be adopted within one month from the referral of the subject-matter by a two-thirds majority of the members of the Board. That period may be extended by a further month on account of the complexity of the subject-matter. The decision referred to in paragraph 1 shall be reasoned and addressed to the lead supervisory authority and all the supervisory authorities concerned and binding on them.

    Supervisory Authorities Supervision 17
  3. 3.

    Where the Board has been unable to adopt a decision within the periods referred to in paragraph 2, it shall adopt its decision within two weeks following the expiration of the second month referred to in paragraph 2 by a simple majority of the members of the Board. Where the members of the Board are split, the decision shall by adopted by the vote of its Chair.

    1
  4. 4.

    The supervisory authorities concerned shall not adopt a decision on the subject matter submitted to the Board under paragraph 1 during the periods referred to in paragraphs 2 and 3.

    Supervision 1
  5. 5.

    The Chair of the Board shall notify, without undue delay, the decision referred to in paragraph 1 to the supervisory authorities concerned. It shall inform the Commission thereof. The decision shall be published on the website of the Board without delay after the supervisory authority has notified the final decision referred to in paragraph 6.

    Supervisory Authorities Supervision 4
  6. 6.

    The lead supervisory authority or, as the case may be, the supervisory authority with which the complaint has been lodged shall adopt its final decision on the basis of the decision referred to in paragraph 1 of this Article, without undue delay and at the latest by one month after the Board has notified its decision. The lead supervisory authority or, as the case may be, the supervisory authority with which the complaint has been lodged, shall inform the Board of the date when its final decision is notified respectively to the controller or the processor and to the data subject. The final decision of the supervisory authorities concerned shall be adopted under the terms of Article 60(7), (8) and (9). The final decision shall refer to the decision referred to in paragraph 1 of this Article and shall specify that the decision referred to in that paragraph will be published on the website of the Board in accordance with paragraph 5 of this Article. The final decision shall attach the decision referred to in paragraph 1 of this Article.

    Processors Supervisory Authorities Supervision 20

Enforcement

Cited in 1 fines totalling -

Top authority: 🇪🇺EDPB (1) · see all enforcement for Art. 65 →

Connections by provision

65(1) 18 Case Law 11 Guidance .md
Case Law 18
Meta Platforms v noyb Data Protection Commissioner v Facebook Ireland and Maximillian Schrems Judgment of the Court (Fourth Chamber) of 16 April 2015.#W. P. Willems and Others v Burgemeester van Nuth and Others.#Requests for a preliminary ruling from the Raad van State.#Reference for a preliminary ruling — Area of freedom, security and justice — Biometric passport — Biometric data — Regulation (EC) No 2252/2004 — Article 1(3) — Article 4(3) — Use of data collected for purposes other than the issue of passports and travel documents — Establishment and use of databases containing biometric Judgment of the Court (Grand Chamber) of 15 June 2021.#Facebook Ireland Ltd and Others v Gegevensbeschermingsautoriteit.#Request for a preliminary ruling from the Hof van beroep te Brussel.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Regulation (EU) 2016/679 – Cross-border processing of personal data – ‘One-stop shop’ mechanism – Sincere and effecti Order of the General Court (Fourth Chamber, Extended Composition) of 7 December 2022.#WhatsApp Ireland Ltd v European Data Protection Board.#Action for annulment – Protection of personal data – Draft decision of the lead supervisory authority – Resolution of disputes between supervisory authorities by the European Data Protection Board – Binding decision – Article 60(4) and Article 65(1)(a) of Regulation (EU) 2016/679 – Act not open to challenge – Preparatory act – Lack of individual concern.#Ca Judgment of the General Court (Tenth Chamber, Extended Composition) of 29 January 2025 (Extracts).#Data Protection Commission v European Data Protection Board.#Protection of personal data – Article 65(1)(a) of Regulation (EU) 2016/679 – Binding decision instructing a lead supervisory authority to broaden the scope of its investigation and issue a new draft decision – Competence of the European Data Protection Board.#Joined Cases T-70/23, T-84/23 and T-111/23. Order of the General Court (Tenth Chamber) of 29 April 2025.#Meta Platforms Ireland Ltd v European Data Protection Board.#Action for annulment – Protection of personal data – Opinion of the European Data Protection Board on valid consent in the context of ‘consent or pay’ models implemented by large online platforms – Article 64(2) of Regulation (EU) 2016/679 – Act not open to challenge – Inadmissibility – Liability – Damage – Causal link – Action manifestly lacking any foundation in law.#Case T Judgment of the Court (Grand Chamber) of 10 February 2026.#WhatsApp Ireland Ltd v European Data Protection Board.#Appeal – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 63 – Consistency mechanism – Article 65 – Dispute resolution by the European Data Protection Board – Binding decision – Action for annulment – First paragraph of Article 263 TFEU – Act open to challenge – Fourth paragraph of Article 263 TFEU – Condition that the +10 more
Guidance 11
EDPB Annual Report 2021 Guidelines 03/2021 on the application of Article 65(1)(a) GDPR EDPB-EDPS Joint Opinion 01/2023 on the Proposal for a Regulation of the European Parliament and of the Council laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679 EDPB Annual Report 2022 Guidelines 02/2022 on the application of Article 60 GDPR EDPB Work Programme 2021-2022 Article 65 FAQ EDPB Work Programme 2019-2020 +3 more
65(1)(a) 37 Case Law 27 Guidance 1 Literature 1 News .md
Case Law 37
Order of the General Court (Fourth Chamber, Extended Composition) of 7 December 2022.#WhatsApp Ireland Ltd v European Data Protection Board.#Action for annulment – Protection of personal data – Draft decision of the lead supervisory authority – Resolution of disputes between supervisory authorities by the European Data Protection Board – Binding decision – Article 60(4) and Article 65(1)(a) of Regulation (EU) 2016/679 – Act not open to challenge – Preparatory act – Lack of individual concern.#Ca Judgment of the Court (Grand Chamber) of 15 June 2021.#Facebook Ireland Ltd and Others v Gegevensbeschermingsautoriteit.#Request for a preliminary ruling from the Hof van beroep te Brussel.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Regulation (EU) 2016/679 – Cross-border processing of personal data – ‘One-stop shop’ mechanism – Sincere and effecti Order of the General Court (Tenth Chamber) of 29 April 2025.#Meta Platforms Ireland Ltd v European Data Protection Board.#Action for annulment – Protection of personal data – Opinion of the European Data Protection Board on valid consent in the context of ‘consent or pay’ models implemented by large online platforms – Article 64(2) of Regulation (EU) 2016/679 – Act not open to challenge – Inadmissibility – Liability – Damage – Causal link – Action manifestly lacking any foundation in law.#Case T CJEU - T‑183/23 - Ballmann v European Data Protection Board Judgment of the General Court (Tenth Chamber, Extended Composition) of 16 July 2025.#Lisa Ballmann v European Data Protection Board.#Protection of personal data – Complaint against the controller of personal data of users of an online social network in the European Union – Article 65(1)(a) of Regulation (EU) 2016/679 – Binding decision of the European Data Protection Board – Complainant’s request for access to the file prepared for the purposes of the binding decision – Refusal to grant access – Judgment of the Court (Grand Chamber) of 10 February 2026.#WhatsApp Ireland Ltd v European Data Protection Board.#Appeal – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 63 – Consistency mechanism – Article 65 – Dispute resolution by the European Data Protection Board – Binding decision – Action for annulment – First paragraph of Article 263 TFEU – Act open to challenge – Fourth paragraph of Article 263 TFEU – Condition that the Judgment of the General Court (Tenth Chamber, Extended Composition) of 29 January 2025 (Extracts).#Data Protection Commission v European Data Protection Board.#Protection of personal data – Article 65(1)(a) of Regulation (EU) 2016/679 – Binding decision instructing a lead supervisory authority to broaden the scope of its investigation and issue a new draft decision – Competence of the European Data Protection Board.#Joined Cases T-70/23, T-84/23 and T-111/23. ¶104 Judgment of the Court (Grand Chamber) of 10 February 2026.#WhatsApp Ireland Ltd v European Data Protection Board.#Appeal – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 63 – Consistency mechanism – Article 65 – Dispute resolution by the European Data Protection Board – Binding decision – Action for annulment – First paragraph of Article 263 TFEU – Act open to challenge – Fourth paragraph of Article 263 TFEU – Condition that the +29 more
Guidance 27
Article 65 FAQ Guidelines 04/2022 on the calculation of administrative fines under the GDPR EDPB-EDPS Joint Opinion 01/2023 on the Proposal for a Regulation of the European Parliament and of the Council laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679 EDPB Article 97 GDPR application report: GDPR successful but improvements needed Guidelines 03/2021 on the application of Article 65(1)(a) GDPR Guidelines 02/2022 on the application of Article 60 GDPR Guidelines 09/2020 on relevant and reasoned objection under Regulation 2016/679 EDPB Annual Report 2023 +19 more
Literature 1
If it ain’t broke, don’t fix it? Ten improvements for the upcoming tenth anniversary of the General Data Protection Regulation
News 1
EDPB requires Belgian DPA to handle the merits of NOYB cookie banner complaint
65(1)(b) 11 Guidance .md
Guidance 11
EDPB-EDPS Joint Opinion 01/2023 on the Proposal for a Regulation of the European Parliament and of the Council laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679 Guidelines 09/2020 on relevant and reasoned objection under Regulation 2016/679 Guidelines 8/2022 on identifying a controller or processor's lead supervisory authority Guidelines 02/2022 on the application of Article 60 GDPR Opinion 04/2024 on the notion of main establishment of a controller in the Union under Art. 4.16(a) GDPR Guidelines 03/2021 on the application of Article 65(1)(a) GDPR Article 65 FAQ EDPB Article 97 GDPR application report: GDPR successful but improvements needed +3 more
65(1)(c) 4 Case Law 3 Guidance .md
Case Law 4
Order of the General Court (Tenth Chamber) of 29 April 2025.#Meta Platforms Ireland Ltd v European Data Protection Board.#Action for annulment – Protection of personal data – Opinion of the European Data Protection Board on valid consent in the context of ‘consent or pay’ models implemented by large online platforms – Article 64(2) of Regulation (EU) 2016/679 – Act not open to challenge – Inadmissibility – Liability – Damage – Causal link – Action manifestly lacking any foundation in law.#Case T ¶18 Order of the General Court (Tenth Chamber) of 29 April 2025.#Meta Platforms Ireland Ltd v European Data Protection Board.#Action for annulment – Protection of personal data – Opinion of the European Data Protection Board on valid consent in the context of ‘consent or pay’ models implemented by large online platforms – Article 64(2) of Regulation (EU) 2016/679 – Act not open to challenge – Inadmissibility – Liability – Damage – Causal link – Action manifestly lacking any foundation in law.#Case T ¶29 Order of the General Court (Tenth Chamber) of 29 April 2025.#Meta Platforms Ireland Ltd v European Data Protection Board.#Action for annulment – Protection of personal data – Opinion of the European Data Protection Board on valid consent in the context of ‘consent or pay’ models implemented by large online platforms – Article 64(2) of Regulation (EU) 2016/679 – Act not open to challenge – Inadmissibility – Liability – Damage – Causal link – Action manifestly lacking any foundation in law.#Case T ¶52 Order of the General Court (Tenth Chamber) of 29 April 2025.#Meta Platforms Ireland Ltd v European Data Protection Board.#Action for annulment – Protection of personal data – Opinion of the European Data Protection Board on valid consent in the context of ‘consent or pay’ models implemented by large online platforms – Article 64(2) of Regulation (EU) 2016/679 – Act not open to challenge – Inadmissibility – Liability – Damage – Causal link – Action manifestly lacking any foundation in law.#Case T
Guidance 3
EDPB Document Setting Forth a Co-Operation procedure for the approval of Binding Corporate Rules for controllers and processors Article 65 FAQ Guidelines 03/2021 on the application of Article 65(1)(a) GDPR
65(2) 13 Case Law 4 Guidance .md
Case Law 13
Judgment of the General Court (Tenth Chamber, Extended Composition) of 29 January 2025 (Extracts).#Data Protection Commission v European Data Protection Board.#Protection of personal data – Article 65(1)(a) of Regulation (EU) 2016/679 – Binding decision instructing a lead supervisory authority to broaden the scope of its investigation and issue a new draft decision – Competence of the European Data Protection Board.#Joined Cases T-70/23, T-84/23 and T-111/23. Order of the General Court (Fourth Chamber, Extended Composition) of 7 December 2022.#WhatsApp Ireland Ltd v European Data Protection Board.#Action for annulment – Protection of personal data – Draft decision of the lead supervisory authority – Resolution of disputes between supervisory authorities by the European Data Protection Board – Binding decision – Article 60(4) and Article 65(1)(a) of Regulation (EU) 2016/679 – Act not open to challenge – Preparatory act – Lack of individual concern.#Ca Judgment of the General Court (Tenth Chamber, Extended Composition) of 16 July 2025.#Lisa Ballmann v European Data Protection Board.#Protection of personal data – Complaint against the controller of personal data of users of an online social network in the European Union – Article 65(1)(a) of Regulation (EU) 2016/679 – Binding decision of the European Data Protection Board – Complainant’s request for access to the file prepared for the purposes of the binding decision – Refusal to grant access – Judgment of the Court (First Chamber) of 7 September 2023.#A. G. v Lietuvos Respublikos generalinė prokuratūra.#Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas.#Reference for a preliminary ruling – Telecommunications – Processing of personal data in the electronic communications sector – Directive 2002/58/EC – Scope – Article 15(1) – Data retained by providers of electronic communications services and made available to authorities in charge of criminal pro CJEU - C-162/22 - Lietuvos Respublikos generalinė prokuratūra Judgment of the Court (Grand Chamber) of 10 February 2026.#WhatsApp Ireland Ltd v European Data Protection Board.#Appeal – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 63 – Consistency mechanism – Article 65 – Dispute resolution by the European Data Protection Board – Binding decision – Action for annulment – First paragraph of Article 263 TFEU – Act open to challenge – Fourth paragraph of Article 263 TFEU – Condition that the ¶63 Judgment of the Court (Grand Chamber) of 10 February 2026.#WhatsApp Ireland Ltd v European Data Protection Board.#Appeal – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 63 – Consistency mechanism – Article 65 – Dispute resolution by the European Data Protection Board – Binding decision – Action for annulment – First paragraph of Article 263 TFEU – Act open to challenge – Fourth paragraph of Article 263 TFEU – Condition that the ¶84 Judgment of the General Court (Tenth Chamber, Extended Composition) of 16 July 2025.#Lisa Ballmann v European Data Protection Board.#Protection of personal data – Complaint against the controller of personal data of users of an online social network in the European Union – Article 65(1)(a) of Regulation (EU) 2016/679 – Binding decision of the European Data Protection Board – Complainant’s request for access to the file prepared for the purposes of the binding decision – Refusal to grant access – +5 more
Guidance 4
Guidelines 03/2021 on the application of Article 65(1)(a) GDPR EDPB-EDPS Joint Opinion 01/2023 on the Proposal for a Regulation of the European Parliament and of the Council laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679 Guidelines 02/2022 on the application of Article 60 GDPR ¶174 Guidelines 02/2022 on the application of Article 60 GDPR
65(3) 1 Guidance .md
Guidance 1
Guidelines 03/2021 on the application of Article 65(1)(a) GDPR
65(4) 1 Guidance .md
Guidance 1
EDPB-EDPS Joint Opinion 01/2023 on the Proposal for a Regulation of the European Parliament and of the Council laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679
65(5) 3 Case Law 1 Guidance .md
Case Law 3
Judgment of the Court (Grand Chamber) of 10 February 2026.#WhatsApp Ireland Ltd v European Data Protection Board.#Appeal – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 63 – Consistency mechanism – Article 65 – Dispute resolution by the European Data Protection Board – Binding decision – Action for annulment – First paragraph of Article 263 TFEU – Act open to challenge – Fourth paragraph of Article 263 TFEU – Condition that the ¶46 Judgment of the Court (Grand Chamber) of 10 February 2026.#WhatsApp Ireland Ltd v European Data Protection Board.#Appeal – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 63 – Consistency mechanism – Article 65 – Dispute resolution by the European Data Protection Board – Binding decision – Action for annulment – First paragraph of Article 263 TFEU – Act open to challenge – Fourth paragraph of Article 263 TFEU – Condition that the ¶48 Judgment of the Court (Grand Chamber) of 10 February 2026.#WhatsApp Ireland Ltd v European Data Protection Board.#Appeal – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 63 – Consistency mechanism – Article 65 – Dispute resolution by the European Data Protection Board – Binding decision – Action for annulment – First paragraph of Article 263 TFEU – Act open to challenge – Fourth paragraph of Article 263 TFEU – Condition that the
Guidance 1
Guidelines 03/2021 on the application of Article 65(1)(a) GDPR
65(6) 14 Case Law 5 Guidance 1 Literature .md
Case Law 14
Judgment of the General Court (Tenth Chamber, Extended Composition) of 29 January 2025 (Extracts).#Data Protection Commission v European Data Protection Board.#Protection of personal data – Article 65(1)(a) of Regulation (EU) 2016/679 – Binding decision instructing a lead supervisory authority to broaden the scope of its investigation and issue a new draft decision – Competence of the European Data Protection Board.#Joined Cases T-70/23, T-84/23 and T-111/23. Order of the General Court (Fourth Chamber, Extended Composition) of 7 December 2022.#WhatsApp Ireland Ltd v European Data Protection Board.#Action for annulment – Protection of personal data – Draft decision of the lead supervisory authority – Resolution of disputes between supervisory authorities by the European Data Protection Board – Binding decision – Article 60(4) and Article 65(1)(a) of Regulation (EU) 2016/679 – Act not open to challenge – Preparatory act – Lack of individual concern.#Ca Judgment of the Court (Grand Chamber) of 10 February 2026.#WhatsApp Ireland Ltd v European Data Protection Board.#Appeal – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 63 – Consistency mechanism – Article 65 – Dispute resolution by the European Data Protection Board – Binding decision – Action for annulment – First paragraph of Article 263 TFEU – Act open to challenge – Fourth paragraph of Article 263 TFEU – Condition that the ¶30 Judgment of the General Court (Tenth Chamber, Extended Composition) of 29 January 2025 (Extracts).#Data Protection Commission v European Data Protection Board.#Protection of personal data – Article 65(1)(a) of Regulation (EU) 2016/679 – Binding decision instructing a lead supervisory authority to broaden the scope of its investigation and issue a new draft decision – Competence of the European Data Protection Board.#Joined Cases T-70/23, T-84/23 and T-111/23. ¶29 Judgment of the Court (Grand Chamber) of 10 February 2026.#WhatsApp Ireland Ltd v European Data Protection Board.#Appeal – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 63 – Consistency mechanism – Article 65 – Dispute resolution by the European Data Protection Board – Binding decision – Action for annulment – First paragraph of Article 263 TFEU – Act open to challenge – Fourth paragraph of Article 263 TFEU – Condition that the ¶34 Judgment of the General Court (Tenth Chamber, Extended Composition) of 29 January 2025 (Extracts).#Data Protection Commission v European Data Protection Board.#Protection of personal data – Article 65(1)(a) of Regulation (EU) 2016/679 – Binding decision instructing a lead supervisory authority to broaden the scope of its investigation and issue a new draft decision – Competence of the European Data Protection Board.#Joined Cases T-70/23, T-84/23 and T-111/23. ¶33 Judgment of the General Court (Tenth Chamber, Extended Composition) of 29 January 2025 (Extracts).#Data Protection Commission v European Data Protection Board.#Protection of personal data – Article 65(1)(a) of Regulation (EU) 2016/679 – Binding decision instructing a lead supervisory authority to broaden the scope of its investigation and issue a new draft decision – Competence of the European Data Protection Board.#Joined Cases T-70/23, T-84/23 and T-111/23. ¶36 Judgment of the General Court (Tenth Chamber, Extended Composition) of 29 January 2025 (Extracts).#Data Protection Commission v European Data Protection Board.#Protection of personal data – Article 65(1)(a) of Regulation (EU) 2016/679 – Binding decision instructing a lead supervisory authority to broaden the scope of its investigation and issue a new draft decision – Competence of the European Data Protection Board.#Joined Cases T-70/23, T-84/23 and T-111/23. +6 more
Guidance 5
EDPB-EDPS Joint Opinion 01/2023 on the Proposal for a Regulation of the European Parliament and of the Council laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679 Guidelines 02/2022 on the application of Article 60 GDPR Guidelines 03/2021 on the application of Article 65(1)(a) GDPR ¶203 Guidelines 02/2022 on the application of Article 60 GDPR ¶206 Guidelines 02/2022 on the application of Article 60 GDPR
Literature 1
If it ain’t broke, don’t fix it? Ten improvements for the upcoming tenth anniversary of the General Data Protection Regulation