Effective procedure – amicable settlements in the context of the OSS
Article(s) involved (national, EU, or other):
Having recourse to an amicable settlement should not interfere with the prerogatives of the CSA/LSA in the context of cross-border cases.
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.
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.