European data protection authorities collaborate to enhance GDPR enforcement
On 19 September 2023, the European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) jointly released an opinion on the European Commission's proposal for a regulation on additional procedural rules for enforcing the General Data Protection Regulation (GDPR).
The European Commission’s proposal aims to harmonise procedures, ensuring faster investigations and resolutions in cross-border data protection cases across the EU, responding to the EDPB's wish list made in October 2022. For further detail on the proposed regulation, please see our earlier blog post from July here.
Anu Talus, EDPB Chair, expressed appreciation for the Commission's prompt action and the transformation of their wish list into a concrete legislative proposal. She emphasised the importance of ensuring the new regulation benefits all parties involved and urged swift adoption by co-legislators.
Wojciech Wiewiórowski, EDPS Supervisor, welcomed the Commission's effort to address challenges related to the one-stop-shop mechanism. He highlighted the need for further improvements in the legislation to facilitate timely resolution of cross-border cases and protect complainants' procedural rights within the framework of GDPR enforcement. He also urged co-legislators to enhance cooperation between national data protection authorities and the EDPS.
The EDPB and EDPS commended the Commission's work to harmonise complaint requirements and stressed the importance of comprehensive coordination in this regard. They also acknowledged improvements related to access to administrative files and the emphasis on early consensus-building in cooperation procedures.
Their recommendations include greater involvement of concerned supervisory authorities (CSAs) in the consensus-finding process, sharing preliminary findings with CSAs before involving relevant parties, and setting time limits for procedural steps to expedite enforcement. The proposal should not unduly limit CSAs' ability to raise valid objections or change the current approach to the right to be heard in dispute resolution procedures, according to the EDPB and EDPS.
Lastly, they suggested addressing practical cooperation obstacles between national authorities and the EDPS through a specific provision in the regulation.
The joint opinion on the European Commission’s proposal for a regulation on additional procedural rules for the enforcement of the GDPR can be accessed here.
The EDPB’s press release can be found here.
