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RGPD

Article 66

Urgency procedure

1.   In exceptional circumstances, where a supervisory authority concerned considers that there is an urgent need to act in order to protect the rights and freedoms of data subjects, it may, by way of derogation from the consistency mechanism referred to in Articles 63, 64 and 65 or the procedure referred to in Article 60, immediately adopt provisional measures intended to produce legal effects on its own territory with a specified period of validity which shall not exceed three months. The supervisory authority shall, without delay, communicate those measures and the reasons for adopting them to the other supervisory authorities concerned, to the Board and to the Commission.

2.   Where a supervisory authority has taken a measure pursuant to paragraph 1 and considers that final measures need urgently be adopted, it may request an urgent opinion or an urgent binding decision from the Board, giving reasons for requesting such opinion or decision.

3.   Any supervisory authority may request an urgent opinion or an urgent binding decision, as the case may be, from the Board where a competent supervisory authority has not taken an appropriate measure in a situation where there is an urgent need to act, in order to protect the rights and freedoms of data subjects, giving reasons for requesting such opinion or decision, including for the urgent need to act.

4.   By derogation from Article 64(3) and Article 65(2), an urgent opinion or an urgent binding decision referred to in paragraphs 2 and 3 of this Article shall be adopted within two weeks by simple majority of the members of the Board.

Common Questions

Frequently Asked Questions

When can a supervisory authority use the urgency procedure in Article 66?
In exceptional circumstances, where a supervisory authority concerned considers there is an urgent need to act to protect the rights and freedoms of data subjects. It may then, by way of derogation from the consistency mechanism in Articles 63, 64 and 65 or the procedure in Article 60, immediately adopt provisional measures. Those measures produce legal effects only on its own territory, with a specified period of validity that cannot exceed three months.
Who has to be informed when provisional measures are adopted?
The supervisory authority must, without delay, communicate the measures and the reasons for adopting them to the other supervisory authorities concerned, to the Board and to the Commission. A national urgency measure is therefore never kept quiet: the rest of the system is told straight away.
What happens if final measures are needed, or if a competent authority fails to act?

If the authority that took the provisional measures considers that final measures need urgently to be adopted, it may request an urgent opinion or an urgent binding decision from the Board, giving reasons for the request.

Separately, any supervisory authority may make the same request where a competent supervisory authority has not taken an appropriate measure in a situation where there is an urgent need to act to protect data subjects. That request must also state the reasons, including why the need to act is urgent.

How quickly does the Board decide on an urgent request?
Within two weeks, by simple majority of the members of the Board. This is a derogation from Article 64(3) and Article 65(2), which the article expressly sets aside for urgent opinions and urgent binding decisions.