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.

Admissibility – Formal requirements: proof that the not-for-profit entity is certified

Article(s) involved (national, EU, or other): Article 80(1) GDPR


Some SAs request additional documentation with regard to the representation of data subjects by not-for-profit organisations under Art. 80(1) GDPR. Not only a representation agreement is requested to be filed in the country’s official language but also a proof that the specific organisation is allowed to represent data subjects.

Ideal Solution

The procedural provision should mention the minimum formal conditions for the representation of data subjects. When met, the complaint should always be deemed admissible.

Proposed Soution

Concept 2 would ensure that the national law of the filing SA is relevant for any rules on the admissability of the law and other SAs may not review the admissability

Reference to specific noyb cases:

Poland in all C-037-… cases (“cookie banners”) where the Polish DPA required addition proof or representation. See also Bulgaria asking, 2 years after the complaint, to have a representation agreement in Bulgarian signed before a public notary.

National Issues

National Issues