Module 11 · Lead SA, one-stop-shop & cooperation/consistency
For cross-border processing a single lead supervisory authority (LSA) coordinates the through the one-stop-shop. The LSA is the SA where key processing decisions are made - not necessarily the head office. Chapter VII sets out the and consistency mechanism tools that keep enforcement consistent across the EU.
A lead supervisory authority handles cross-border processing and coordinates the other "supervisory authorities concerned". Under Article 4(23), processing is cross-border when it occurs in the context of establishments in more than one Member State, OR a single EU establishment substantially affects (or is likely to) data subjects in more than one Member State (assessed case-by-case).
| Situation | Lead SA is... |
|---|---|
| Single EU establishment | The SA of that place |
| Multiple establishments | The SA of the place of central administration |
| Decisions taken elsewhere | The SA where the processing decisions are made |
| Different activities | Different lead SAs for different activities (e.g. banking decisions in Germany, insurance in Austria) |
Per EDPB Guidelines 8/2022, joint controllers cannot designate a common main establishment.
- One-stop-shop: a complaint or own-initiative inquiry reaches the LSA
- The LSA investigates and shares with the (CSAs)
- The LSA drafts a decision
- CSAs give opinions / reasoned objections
- Final decision (EDPB dispute resolution if unresolved)
| Mechanism | Purpose |
|---|---|
| Cooperation | LSA and CSAs work together on cross-border cases |
| Joint operations | SAs carry out joint investigations/enforcement |
| Mutual assistance | Provision of relevant information between SAs |
| Consistency mechanism | Commission/EDPB/SAs adopt measures for consistent application |
| Dispute resolution | EDPB resolves disagreements between SAs |
| Urgency procedure | Urgent measures for up to 3 months on a DPA's territory |
The lead SA follows the place where key processing decisions are made, NOT the head office or the country with the most customers.