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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 25 May 2018 - onwards
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112. Decision of Commission where inquiry conducted in respect of complaint to which Article 55 or 56(5) applies

(1) Where an inquiry has been conducted in respect of a complaint in respect of which the Commission is the competent supervisory authority under Article 55 or 56(5), the Commission, having considered the information obtained in the examination, may -

(a) if satisfied that an infringement by the controller or processor to which the complaint relates has occurred or is occurring, make a decision to that effect, or

(b) if not so satisfied, make a decision to dismiss the complaint.

(2) Where the Commission makes a decision under subsection (1)(a), it shall, in addition, make a decision -

(a) as to whether a corrective power should be exercised in respect of the controller or processor concerned, and

(b) where it decides to so exercise a corrective power, the corrective power that is to be exercised.

(3) The Commission, where it makes a decision referred to in subsection (2)(b), shall exercise the corrective power concerned.

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