Effective procedure – amicable settlements in the context of the OSS

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

Problem

Having recourse to an amicable settlement should not interfere with the prerogatives of the CSA/LSA in the context of cross-border cases.

Ideal Solution

The text should put the CSA/LSA under the obligation to follow the cooperation procedure in case of cross border cases, even if an amicable settlement is found.

If the CSA suggests an amicable settlement, the LSA should be involved in the process as well. Conversely, if a CSA suggests an amicable settlement, it should inform the LSA. Amicable settlements should remain legally challeangeable acts in the case where the right of the data subject, the controller or the prerogatives of the CSA/LSA have been infringed.

The amicale settlement should in any case be considered as a decision, subject to judicial challenge and one-stop-shop procedure.

Proposed Solution

Concepts 9 and 14 should take care of these issues. A general definition of “amicable resolutions”, highlighting that they must be based on a withdrawl of the complaint by the data subject and must be somewhat formal would be useful.

Reference to EDPB documents/table:

EDPB internal document 06/2021, para. 37-38. “the LSA is required to submit the draft decision setting out the terms of the settlement to the CSAs in accordance with Article 60”, this is a sui generis decision finding that the complaint is settled. Internal document lists the information that the draft decision should entail, see para. 57.