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

Article 28 Urgent decisions under Article 66(2) of Regulation (EU) 2016/679

1. A request for an urgent decision of the Board pursuant to Article 66(2) of Regulation (EU) 2016/679 shall be made no later than three weeks prior to the expiry of provisional measures adopted under Articles 61(8) , 62(7) or 66(1) of Regulation (EU) 2016/679. That request shall contain all of the following items:

(a) a summary of the relevant facts;

(b) the provisional measure adopted on the territory of the Member State of the supervisory authority requesting the decision, its duration and the reasons for adopting the provisional measures, in particular the justification of the urgent need to act in order to protect the rights and freedoms of data subjects;

(c) information on any investigatory measures taken on its own territory and replies received from the local establishment of the parties under investigation or any other information in the possession of the requesting supervisory authority;

(d) a justification of the urgent need for final measures to be adopted on the territory of the requesting supervisory authority, bearing in mind the exceptional nature of circumstances requiring the adoption of the final measure, or proof that a supervisory authority failed to respond to a request under Article 61(3) or 62(2) of Regulation (EU) 2016/679;

(e) where the requesting authority is not the lead supervisory authority, the views of the lead supervisory authority;