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:
- The Proposal removes complainants almost entirely from the process, and gives controllers exclusive rights to access the file and to be heard;
- 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;
- it allows a lead authority to settle major cases without investigation; and
- 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.