Procedural right – challenging the decision designating a LSA
Article(s) involved (national, EU, or other): Article 56 GDPR
It is currently difficult for the controllers, the complainants or their representative to contest the decision of a SA designating a LSA, since this type of decision is usually not shared with the parties.
As already pointed out above (Section V. Procedural deadlines), the SA should be obliged to issue a decision on (1) the admissibility of the complaint ; (2) its competence as LSA and/or (3) the decision to transfer the complaint to a LSA within three months from the day of the receipt of the complaint.
This decision should be subject to judicial challenge. If the decision designating the LSA is being challenged, the EDPB should be responsible for determining who that LSA is on the basis of Article 65(1)(b) GDPR. The complainant or the controllers should be able to trigger Article 65(1)(b) GDPR, as not obstacle to this course of action exists in the GDPR.
Furthermore, procedural law should also deal with how to assess the evidence on where the main establishment is located.