(1) This section applies to a complaint in respect of which the Commission is the lead supervisory authority.

(2) Where section 109(4)(a) applies, the Commission shall -

(a) in accordance with subsection (3), make a draft decision in respect of the complaint (or, as the case may be, part of the complaint) and, where applicable, as to the envisaged action to be taken in relation to the controller or processor concerned, and

(b) in accordance with Article 60 and, where appropriate, Article 65, adopt its decision in respect of the complaint or, as the case may be, part of the complaint.

(3) In making a draft decision under subsection (2)(a), the Commission shall, where applicable, have regard to -

(a) the information obtained by the Commission in its examination of the complaint, including, where an inquiry has been conducted in respect of the complaint, the information obtained in the inquiry, and