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Version date: 31 December 2020
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Article 36 Prior consultation

1. The controller shall consult the Commissioner 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 Commissioner 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 Commissioner 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 Commissioner shall inform the controller and, where applicable, the processor, of any such extension within one month of receipt of the request for consultation together w

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