Data Protection Act 2018
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Mutual assistance | ||
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103. (1) The Commission shall, for the purposes referred to in section 101 (1)(h)— | ||
(a) in accordance with this Chapter, provide other supervisory authorities with mutual assistance, and | ||
(b) put in place measures for effective cooperation with those authorities. | ||
(2) The Commission, on receipt by it of a request of another supervisory authority (“requesting supervisory authority”) shall— | ||
(a) without undue delay and no later than one month after receiving the request, take all appropriate measures required to reply to the request, and | ||
(b) inform the requesting supervisory authority of the results of, or progress made in response to, the request. | ||
(3) The measures referred to in subsection (2)(a) include the exercise by the Commission of its powers under Chapters 3, 4 and 5 of Part 6. | ||
(4) (a) The Commission shall not refuse to comply with a request unless— | ||
(i) it is not responsible under the Directive for the subject matter of the request or for the measures it is requested to carry out, or | ||
(ii) compliance with the request would infringe the law of the State or European Union. | ||
(b) The Commission shall provide the requesting supervisory authority concerned with the reasons for its refusal under paragraph (a) to comply with a request. | ||
(5) The Commission, where providing information to a requesting supervisory authority in response to a request, shall, insofar as practicable, and in accordance with any implementing acts to which Article 50(8) of the Directive apply, do so— | ||
(a) by electronic means, and | ||
(b) using a standardised format, if any. | ||
(6) Without prejudice to subsection (7), the Commission shall not charge a fee for any action taken in response to a request for mutual assistance. | ||
(7) The Commission may enter into an agreement with other supervisory authorities on rules to indemnify each other for specific expenditure arising from the provision of mutual assistance in exceptional circumstances. | ||
(8) In this section and section 104 — | ||
“mutual assistance” includes— | ||
(a) responding to requests for information, and | ||
(b) undertaking supervisory measures, such as the carrying out of inspections or investigations under Part 6 or consultations; | ||
“request” means a request for mutual assistance referred to in Article 50 of the Directive. |