Regulation on GDPR procedural rules: a closer step towards harmonisation and a steppingstone for a broader discussion

The Federation of European Data and Marketing (FEDMA) strongly supports the general objective of the Regulation laying down additional procedural rules relating to the enforcement of GDPR to streamline cooperation between data protection authorities (DPAs) when enforcing the General Data Protection Regulation (GDPR) in cross-border cases. We welcome the proposal’s emphasis (i) on the reliance of amicable settlements, (ii) on the different procedural situation between complainants and parties under investigation, and (iii) the possibilities for the defendants to submit their views prior to the adoption of the final decision.

There remain nevertheless some areas of improvements, specifically about the information provided to the parties under investigation and their right to be heard. Additionally, it is fundamental that this proposal remains an instrument to deal with all cross-border cases involving any kind of organization. EU policymakers should avoid turning the proposed Regulation into a tool to exclusively address cross-border cases involving large online platforms and only one regulator as the lead authority. Finally, we regard this proposal as a steppingstone to engage in a more comprehensive dialogue on how to enhance GDPR implementation on other key elements of the EU data protection framework in view of the upcoming review of the GDPR by the European Commission.

RECOMMENDATIONS

1. Support the clarification of the legal framework for the amicable settlement of complaints;
2. Preserve the spelling out in Recital 25 of the essential nature of an investigation by a supervisory authority;
3. Enhance the extension of the right to be heard by the parties before the EDPB;
4. Further the information shared between the LSA and the parties under investigation;
5. Strike a balance in achieving transparency on how decisions are taken via Article 65 dispute resolutions;
6. Streamline the way parties under investigation are heard during the procedure;
7. Prevent a misuse of the right of access to administrative documents in Article 21(2);
8. Provide for a harmonized system of sanctions for non-compliance with the confidentiality agreement.

Find here the full position paper