The request for prior consultation

1. Prior consultation request form

In order to facilitate the controller’s compliance with the obligation of prior consultation, the President of the Personal Data Protection Office has prepared an electronic application form for prior consultation. To use this form, it is necessary to have an account and a trusted profile on the ePUAP platform, which can be set up at www.epuap.gov.pl or an ePK platform account (more about ePK can be found at www.biznes.gov.pl)

2. What information must be included in the application for prior consultation?

1. A request for prior consultation should meet the requirements set out in Art. 63 of the Code of Administrative Procedure, in particular it should indicate at least the identity of the person making the request, his/her address, the nature of the demand and must be signed by the requesting person. In addition, the request submitted in the form of an electronic document should bear a secure electronic signature or a signature confirmed by the ePUAP trusted profile (Art. 63 § 3a point 1 of the Act of 14 June 1960 The Code of Administrative Procedure).
2. In the request for prior consultation, the controller shall provide the supervisory authority with (Art. 36(3) of the GDPR):

• the respective responsibilities of the controller, joint controllers and processors involved in the processing, in particular for processing within a group of undertakings;
• the purposes and means of the intended processing;
• the measures and safeguards provided to protect the rights and freedoms of data subjects pursuant to the GDPR;
• where applicable, the contact details of the data protection officer;
• the data protection impact assessment;
• any other information requested by the supervisory authority.

3. What should be attached to the request for prior consultation?

A full data protection impact assessment should be attached to the request for prior consultation regarding the processing requested (Art.36(3)(e) of the GDPR).

In addition, if the request is signed by an attorney, the original power of attorney or a certified copy of the power of attorney (Art. 33 § 3 and § 3a p. 1 of the Code of Administrative Procedure) and the proof of payment of the stamp duty in the amount of PLN 17 shall be attached (§ 3 para. 1 of the Regulation by the Minister of Finance of 28 September 2007 on the payment of stamp duty, No. 187, item 1330).