Article 62 GDPR
Joint operations of supervisory authorities

P: 133, 134 | W8

1. Supervisory authorities carry out joint operations, including joint investigations and joint enforcement actions involving members or staff of the supervisory authorities of other member states, as appropriate.
2. Where a controller or processor has establishments in several Member States, or where processing operations are likely to substantially affect a significant number of data subjects in more than one Member State, the supervisory authority of each of those Member States shall have the right to participate in joint operations. The supervisory authority that is competent pursuant to Article 56(1) or (4) shall invite the supervisory authority of each of those Member States to participate in the joint operations in question and shall respond without delay to a request from a supervisory authority regarding participation.
3. The supervisory authority may, in accordance with the law of the Member State and with the consent of the seconding supervisory authority, grant powers, including powers of investigation, to members or staff of the seconding supervisory authority involved in joint operations or, if permitted by the law of the Member State of the host supervisory authority, permit members or staff of the seconding supervisory authority to exercise their own powers of investigation in accordance with the law of the Member State of the seconding supervisory authority. Such powers may be exercised only under the direction and in the presence of members or staff of the host supervisory authority. The members or staff of the seconding employee's supervisory authority shall be subject to the laws of the member state of the host supervisory authority.
4. If, pursuant to paragraph 1, the personnel of the seconding supervisory authority are operating in another Member State, the Member State of the host supervisory authority shall be liable for the activities of such personnel, including legal liability for any damage caused by such personnel in the course of operations, in accordance with the law of the Member State on whose territory such personnel 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 personnel. The Member State of the supervisory authority seconding a staff member whose personnel has caused damage to a person in the territory of another Member State shall reimburse that other Member State the entire amount it has paid to those entitled on its behalf.
6. Without prejudice to the possibility of asserting its rights against third parties and with the exception of paragraph 5, each Member State shall refrain, in the case referred to in paragraph 1, from claiming compensation from another Member State for damages referred to in paragraph 4.
7. Where a joint operation is planned and a supervisory authority fails to fulfill the obligation set out in the second sentence of paragraph 2 of this Article within one month, the other supervisory authorities may adopt a provisional measure within the territory of their Member State in accordance with Article 55. In such a situation, it shall be deemed that, in accordance with Article 66(1), there is an urgent need for action and that, in accordance with Article 66(2), an urgent opinion or an urgent binding decision of the European Data Protection Board is required.
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Article 62 RODO – Joint operations of supervisory authorities | ODO 24