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.

Procedural rights – SAs switching to an ex officio procedure

Article(s) involved (national, EU, or other):


Some SAs are inclined to suspend or put an end to a complaint procedure and simultaneously open an ex officio procedure aimed at resolving broader compliance issue with a specific controller. This deprives the complainant from his/her other procedural rights, including the right to be informed about the status of the case, or to appeal the decision taken by an SA.

Ideal Solution

The text should  made clear that all complaints should be followed by a formal decision, even when a complaint triggers a parallel ex officio procedure.

The proposed draft regulation should ban the practice whereby the opening of an ex officio procedure suspends or puts an end to a complaint procedure, or at least foresee a mechanism by which the start of an ex officio procedure does not frustrate the very purpose of a complaint procedure, i.e. obtaining a “legally attackable act”.

Proposed Solution

Concepts 9 and 10 would largely solve these issues.

Reference to specific noyb cases:

See for instance, noyb C015 against Spotify (cf. IMY structurally turns complaint procedures into ex officio ones). Similar situation in Ireland.

Reference to EDPB documents/table:

Internal EDPB Document 02/2021 on SAs duties in relation to alleged GDPR infringements, p. 10). 

National Issues

National Issues