As addressees of the EDPB decisions, the relevant Data Protection Authorities (DPAs) that wish to challenge these decisions can bring an action for annulment before the European Court of Justice (CJEU) within two months of being notified.

Once the Lead Supervisory Authority (LSA) or, in some cases the Concerned Supervisory Authority (CSA), with which the complaint was lodged has notified the EDPB of the date its final decision was communicated to the controller or processor and, where relevant, to the complainant, the EDPB will publish its own decision on its website.

Once the EDPB has adopted a binding decision, the EDPB Chair notifies the binding decision to the relevant national Data Protection Authorities (DPAs) without undue delay.

Prior to the notification, the binding decision is translated into the languages of the relevant national DPAs that have to adopt a final decision or take measures at national level on the basis of the binding decision1. Translation and proofreading can take a few weeks. In any case, the English version of the decision is the only authentic language version.

 

Next step for the relevant  Data Protection Authorities (DPAs)

Once the relevant SAs have been notified of the binding decision, a decision has to be adopted at national level to implement the content of the binding decision. This decision will be adopted without undue delay and at the latest one month after the EDPB has notified its decision.
For cross-border cases where no consensus was found (Art. 65.1 (a) GDPR), the final decision will be addressed to the controller or processor and, where relevant, to the complainant.

 

  1. Please see paragraphs 6 and 7 of Art. 11 of the EDPB Rules of Procedure. In exceptional cases, other Concerned Supervisory Authority (CSAs) can request, providing the reasons, an urgent translation in their official EU language(s) no later than at the moment of adoption of the binding decision.

Within one month from the referral of the subject matter, the EDPB must adopt a decision by a two-thirds majority. 

The one-month deadline to adopt this binding decision can be extended by another month, if the case is complex. When the EDPB is not able to reach a decision within the abovementioned period, the decision must be adopted by a simple majority within two additional weeks. Should the members of the EDPB be split, the decision will be adopted by the vote of the EDPB Chair.