Flaws in the European Commission’s plan to fix GDPR procedures

Johnny Ryan2023, DIGITAL & DATA, NEWS, SUBMISSION

How to fix the European Commission's proposal for better cross-border procedures in GDPR cases 

24 October 2023 

ICCL has prepared amendments to the European Commission's proposal for procedural harmonisation on cross-border GDPR enforcement. We identify four primary flaws in the Proposal: 

  1. The Proposal removes complainants almost entirely from the process, and gives controllers exclusive rights to access the file and to be heard;
  2. it limits the power of other Member States’ supervisory authorities to intervene in a lead authority’s case and their access to materials, and avoids strict deadlines;
  3. it allows a lead authority to settle major cases without investigation; and
  4. it prevents authorities from accumulating evidence for future cases, and allows a lead authority to remove documents from the file. 

ICCL has proposed detailed amendments to the European Parliament and Council to correct these flaws. 

See multi column document for details.