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 – Substantive requirement: residency of the complainant or other link with the territory of the SA

Article(s) involved (national, EU, or other): Article 77, 80 GDPR


In some Member States, complaints are considered inadmissible if the complainant is not a resident in the Member State of the SA. Article 77 provides that data subjects have the right to lodge a complaint with a SA “in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement (…)”. The words ‘in particular’ leaves room for interpretation and legal uncertainty.

Ideal Solution

A complaint should always be deemed admissible by the SA of a Member State at least on the basis of the complainant’s residence or place of work, or on the basis of the place where the infringement occurred, with the possibility for SAs to also accept complaints based on any other relevant circumstances.

Proposed Solution

The matter is already clear from the wording of the GDPR, but could be mentioned in recitals and futrther specified in the procedural regulation.

Reference to EDPB documents / table:

See internal EDPB document 6/2020 on preliminary steps to handle a complaint: admissibility and vetting of complaints

National Issues

National Issues