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.

Remedy against an SA for not handling complaints within a reasonable period

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


Article 78(2) GDPR provides that data subjects have the right to an effective remedy against the SA when the latter does not “handle” the complaint. Because the term “handle” is undefined, and because no clear procedural deadlines exist,  it is difficult to understand when the data subject could have a claim against an SA when a complaint is not handled within a reasonable period. If clear deadlines were set for the SA to issue (1) a decision on admissibility and (2) a final decision, it would be easier for data subjects to hold their SA accountable for delays.

Ideal Solution

SAs should be subject to clearer deadlines  (see below, section V on procedural deadlines), so that data subjects can hold them accountable for lack of actions. The provision should also specify what can be asked to the court in the event an SA does not meet the applicable deadlines, e.g. forcing the SA to issue a decision.

The provision could also specify that a breach of procedural deadlines gives rise to damages.

Proposed Solution

Concepts 9 and 14 should properly define the complaint procedure and deadlines. Concept 5 should be sufficient to ensure that LSAs comply with their duties.

National Issues

National Issues