--- title: "Art. 65 GDPR: Dispute resolution by the Board" canonical: "https://dposchool.com/gdpr/article/65" source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679#art_65" source_note: "Source: Regulation (EU) 2016/679, Official Journal L 119, 4.5.2016, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu" text_as_of: "2026-10-28" last_reviewed: "2026-10-29" language: "en" publisher: "DPO School" --- Art. 65 GDPR · Chapter VII: Cooperation and consistency · Section 2: Consistency # Article 65 GDPR: Dispute resolution by the Board Text as of 28 October 2026 · [Reviewed by Sergio Maldonado Elvira on 29 October 2026](https://dposchool.com/gdpr/about#review) ## Official text ### Article 65(1) **1.** In order to ensure the correct and consistent application of this Regulation in individual cases, the Board shall adopt a binding decision in the following cases: #### Article 65(1)(a) **(a)** where, in a case referred to in Article 60(4), a supervisory authority concerned has raised a relevant and reasoned objection to a draft decision of the lead supervisory authority and the lead supervisory authority has not followed the objection or has rejected such an objection as being not relevant or reasoned. The binding decision shall concern all the matters which are the subject of the relevant and reasoned objection, in particular whether there is an infringement of this Regulation; #### Article 65(1)(b) **(b)** where there are conflicting views on which of the supervisory authorities concerned is competent for the main establishment; #### Article 65(1)(c) **(c)** where a competent supervisory authority does not request the opinion of the Board in the cases referred to in Article 64(1), or does not follow the opinion of the Board issued under Article 64. In that case, any supervisory authority concerned or the Commission may communicate the matter to the Board. ### Article 65(2) **2.** The decision referred to in paragraph 1 shall be adopted within one month from the referral of the subject-matter by a two-thirds majority of the members of the Board. That period may be extended by a further month on account of the complexity of the subject-matter. The decision referred to in paragraph 1 shall be reasoned and addressed to the lead supervisory authority and all the supervisory authorities concerned and binding on them. ### Article 65(3) **3.** Where the Board has been unable to adopt a decision within the periods referred to in paragraph 2, it shall adopt its decision within two weeks following the expiration of the second month referred to in paragraph 2 by a simple majority of the members of the Board. Where the members of the Board are split, the decision shall by adopted by the vote of its Chair. ### Article 65(4) **4.** The supervisory authorities concerned shall not adopt a decision on the subject matter submitted to the Board under paragraph 1 during the periods referred to in paragraphs 2 and 3. ### Article 65(5) **5.** The Chair of the Board shall notify, without undue delay, the decision referred to in paragraph 1 to the supervisory authorities concerned. It shall inform the Commission thereof. The decision shall be published on the website of the Board without delay after the supervisory authority has notified the final decision referred to in paragraph 6. ### Article 65(6) **6.** The lead supervisory authority or, as the case may be, the supervisory authority with which the complaint has been lodged shall adopt its final decision on the basis of the decision referred to in paragraph 1 of this Article, without undue delay and at the latest by one month after the Board has notified its decision. The lead supervisory authority or, as the case may be, the supervisory authority with which the complaint has been lodged, shall inform the Board of the date when its final decision is notified respectively to the controller or the processor and to the data subject. The final decision of the supervisory authorities concerned shall be adopted under the terms of Article 60(7), (8) and (9). The final decision shall refer to the decision referred to in paragraph 1 of this Article and shall specify that the decision referred to in that paragraph will be published on the website of the Board in accordance with paragraph 5 of this Article. The final decision shall attach the decision referred to in paragraph 1 of this Article. ## Source Source: Regulation (EU) 2016/679, Official Journal L 119, 4.5.2016, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu [Article 65 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679#art_65) Text as of 28 October 2026. This is reference material, not legal advice. ## Related recitals This list is under review. - [Recital 134](https://dposchool.com/gdpr/recital/134) ## Court of Justice judgments ### [C-97/23 P, WhatsApp Ireland Ltd v European Data Protection Board](https://dposchool.com/gdpr/case/c-97-23-p) Judgment of 10 February 2026 · ECLI:EU:C:2026:81 A controller can bring an action for annulment before the EU courts against an EDPB binding decision in a dispute between authorities: the Court set aside the General Court's order of inadmissibility, declared the action admissible and sent it back for a ruling on the merits. [CURIA](https://curia.europa.eu/juris/liste.jsf?num=C-97/23%20P&language=en) · [EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62023CJ0097) ## EDPB guidance ### [Guidelines 03/2021 on the application of Article 65(1)(a) GDPR](https://dposchool.com/gdpr/guidance/edpb-03-2021) EDPB 03/2021 · Final · First published 16 April 2021 · Final version 24 May 2023 [Document on the EDPB website](https://www.edpb.europa.eu/documents/guideline/guidelines-032021-on-the-application-of-article-651a-gdpr_en) ## Navigation [GDPR Navigator](https://dposchool.com/gdpr) / [Chapter VII](https://dposchool.com/gdpr/chapter/7) / Article 65 Previous: [Art. 64 GDPR: Opinion of the Board](https://dposchool.com/gdpr/article/64) Next: [Art. 66 GDPR: Urgency procedure](https://dposchool.com/gdpr/article/66) Studying the GDPR? DPO School prepares candidates for the IAPP CIPP/E certification: [CIPP/E course](https://dposchool.com/courses/cipp-e). 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