1. The supervisory authorities shall, where appropriate, conduct joint operations including joint investigations and joint enforcement measures in which members or staff of the supervisory authorities of other Member States are involved.
Article 62 GDPR - Joint operations of supervisory authorities
2. Where the controller or processor has establishments in several Member States or where a significant number of data subjects in more than one Member State are likely to be substantially affected by processing operations, a supervisory authority of each of those Member States shall have the right to participate in joint operations. The supervisory authority which is competent pursuant to Article 56(1) or (4) shall invite the supervisory authority of each of those Member States to take part in the joint operations and shall respond without delay to the request of a supervisory authority to participate.
3. A supervisory authority may, in accordance with Member State law, and with the seconding supervisory authority’s authorisation, confer powers, including investigative powers on the seconding supervisory authority’s members or staff involved in joint operations or, in so far as the law of the Member State of the host supervisory authority permits, allow the seconding supervisory authority’s members or staff to exercise their investigative powers in accordance with the law of the Member State of the seconding supervisory authority. Such investigative powers may be exercised only under the guidance and in the presence of members or staff of the host supervisory authority. The seconding supervisory authority’s members or staff shall be subject to the Member State law of the host supervisory authority.
4. Where, in accordance with paragraph 1, staff of a seconding supervisory authority operate in another Member State, the Member State of the host supervisory authority shall assume responsibility for their actions, including liability, for any damage caused by them during their operations, in accordance with the law of the Member State in whose territory they are operating.
5. The Member State in whose territory the damage was caused shall make good such damage under the conditions applicable to damage caused by its own staff. The Member State of the seconding supervisory authority whose staff has caused damage to any person in the territory of another Member State shall reimburse that other Member State in full any sums it has paid to the persons entitled on their behalf.
6. Without prejudice to the exercise of its rights vis-à-vis third parties and with the exception of paragraph 5, each Member State shall refrain, in the case provided for in paragraph 1, from requesting reimbursement from another Member State in relation to damage referred to in paragraph 4.
7. Where a joint operation is intended and a supervisory authority does not, within one month, comply with the obligation laid down in the second sentence of paragraph 2 of this Article, the other supervisory authorities may adopt a provisional measure on the territory of its Member State in accordance with Article 55. In that case, the urgent need to act under Article 66(1) shall be presumed to be met and require an opinion or an urgent binding decision from the Board pursuant to Article 66(2).
Relevant Recitals
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
Paragraph 1 provides for joint operations, including joint investigations and joint enforcement measures, involving members or staff of the authorities of other Member States, where appropriate. Under paragraph 2 an authority of each affected Member State has the right to participate where the controller or processor has establishments in several Member States or where a significant number of data subjects in more than one Member State are likely to be substantially affected, and the competent authority under Article 56(1) or (4) must invite those authorities and respond without delay to requests to participate.
Yes, within limits. Under paragraph 3 the host authority may, in accordance with its Member State law and with the seconding authority's authorisation, confer powers on seconded members or staff, or, where the host Member State's law permits, allow them to exercise their own investigative powers under the law of their home Member State. Such powers may be exercised only under the guidance and in the presence of members or staff of the host authority, and the seconded staff are subject to the host Member State's law.
Under paragraph 4 the Member State of the host authority assumes responsibility for their actions, including liability for any damage caused, in accordance with the law of the Member State in whose territory they operate. Paragraph 5 requires the host Member State to make good the damage under the conditions applicable to its own staff, with the seconding Member State reimbursing in full the sums paid, and paragraph 6 otherwise excludes reimbursement claims between Member States.
Where a joint operation is intended and an authority does not comply within one month with the invitation obligation in the second sentence of paragraph 2, paragraph 7 allows the other authorities to adopt a provisional measure on their own territory in accordance with Article 55. The urgent need to act under Article 66(1) is then presumed to be met, requiring an opinion or an urgent binding decision from the Board under Article 66(2).
Mutual assistance under Article 61 is a bilateral request-and-response mechanism in which the requested authority acts on its own territory. Joint operations involve members or staff of several authorities acting together, including on the territory of another Member State, with the specific arrangements on conferred powers, guidance, presence and liability set out in paragraphs 3 to 6.