FEDMA’s input to the European Commission’s Call for Evidence on an initiative on procedural aspects of the GDPR

As a member of the European Commission’s Expert Group on the implementation of the General Data Protection Regulation (GDPR), FEDMA responded last week to Commission’s Call for Evidence on an initiative
on procedural aspects of the GDPR.

Over almost five years of GDPR implementation, the resulting fragmentation is not only due to diverging national interpretation and guidance on the GDPR, but also differences in national legislations. The objective of the Commission must be to address both points, including as required a modification of the text of the GDPR. The lack of EU harmonised administrative procedures to handle cross–border cases and different interpretations relating to the cooperation mechanism jeopardise the consistent application and enforcement of the GDPR from the perspective of a Digital Single Market.

FEDMA recommends:

• conducting a study to identify all divergences in national procedural laws,
• centralising information on all national procedural laws applicable to parties under investigation,
• providing the parties under investigation with (i) information on any relevant and reasoned
  objections made to a proposed decision, (ii) the draft decision taken by the lead DPA when it is
  circulated to the concerned Data Protection Authorities (DPAs), (iii) the details of the contacts at the DPAs that have
  declared themselves as concerned authorities,
• including strict deadlines that the leading DPA in a cross–border case must comply with,
• streamlining the processes and requirements for the adoption of Codes of Conduct as a tool to
  enhance GDPR application and enforcement.