Issues

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.

Effective procedure – OSS – no deadline to transfer a complaint to the LSA

Article(s) involved (national, EU, or other): Article 56(3) GDPR

Problem

The lack of deadline for an SA to transfer the complaint to the LSA is slowing down the procedure.

Ideal Solution

The text should provide for such a deadline. The decision whether or not to transfer a case to the LSA should be taken together with the decision on the admissibility of the complaint and the competence of the SA, i.e. within 3 months from the day of receipt of the complaint.

Proposed Solution

Concepts 9, 10, 14 and 16 should solve these issues.

Reference to specific noyb cases:

See AT case against Netflix where the SA did not send the procedure to the LSA for 2 years.

Reference to EDPB documents/table:

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National Issues

National Issues