Data Protection Act 2018


Decision of Commission where inquiry conducted in respect of complaint to which Article 55 or 56(5) applies

112. (1) Where an inquiry has been conducted in respect of a complaint in respect of which the Commission is the competent supervisory authority under Article 55 or 56(5), the Commission, having considered the information obtained in the examination, may—

(a) if satisfied that an infringement by the controller or processor to which the complaint relates has occurred or is occurring, make a decision to that effect, or

(b) if not so satisfied, make a decision to dismiss the complaint.

(2) Where the Commission makes a decision under subsection (1)(a), it shall, in addition, make a decision—

(a) as to whether a corrective power should be exercised in respect of the controller or processor concerned, and

(b) where it decides to so exercise a corrective power, the corrective power that is to be exercised.

(3) The Commission, where it makes a decision referred to in subsection (2)(b), shall exercise the corrective power concerned.