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Version status: Published
Version date: 4 July 2023 - onwards

Article 9 Summary of key issues

1. Once the lead supervisory authority has formed a preliminary view on the main issues in an investigation, it shall draft a summary of key issues for the purpose of cooperation under Article 60(1) of Regulation (EU) 2016/679.

2. The summary of key issues shall include all of the following elements:

(a) the main relevant facts;

(b) a preliminary identification of the scope of the investigation, in particular the provisions of Regulation (EU) 2016/679 concerned by the alleged infringement which will be investigated;

(c) identification of complex legal and technological assessments which are relevant for preliminary orientation of their assessment;

(d) preliminary identification of potential corrective measure(s) .

3. The supervisory authorities concerned may provide comments on the summary of key issues. Such comments must be provided within four weeks of receipt of the summary of key issues.

4. Comments provided pursuant to paragraph 3 shall meet the following requirements:

(a) language used is sufficiently clear and contains precise terms to enable the lead supervisory authority, and, as the case may be, supervisory authorities concerned, to prepare their positions;

(b) legal arguments are set out succinctly and grouped by reference to the part of the summary of key issues to which they relate;