In the past years we have identified more than 60 procedural issues that we have experienced first-hand in daily operations. We have summarized them on the page below. Many of these issues are symptoms of an underlying procedural problem.

Effective Procedure – Transparency : SA in charge of informing complainant

Article(s) involved (national, EU, or other): Article 60(7), and Articles 77 and 78 GDPR


It is unclear which SA is required to provide information to the complainant regarding the progress of the procedure, since 60(7) and Article 77(2) requires the SA “with which the complaint has been lodged” to provide such information while Article 78(2) refers to the SA “which is competent pursuant to Articles 55 and 56” (the CSA or LSA).

Ideal Solution

The procedural text should specify that the SA in charge of informing the complainant is the one that is de facto handling the complaint at the time (i.e. first the SA where the complaint was lodged,  then the LSA once the complaint has been transferred, and finally the original SA again in the event the LSA rejects/dismisses the transferred complaint).

Proposed Solution

Concepts 2 and 7 (joint case file) could ensure that the CSA can give these updates instantly.

Reference to specific noyb cases:

Complaint with the Be SA against Instagram: the update is sometimes coming from the BE SA, sometimes fromt the Irish SA.

National Issues

National Issues