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 – emergency procedure

Article(s) involved (national, EU, or other): Article 61(8), 62(7) and 66 GDPR.


The emergency procedure under Article 66 GDPR is rarely used and the possibilities to trigger Article 66 GDPR in cases where urgency is presumed under Articles 61(8) and 62(7) GDPR is not used in practice.

Ideal Solution

The draft regulation should provide for an obligation to use the urgency procedure in cases referred to in Article 61(8) and 62(7) GDPR. 

Proposed Solution

Concept 5 should be a suitable alternative.

Problems with the urgency procedure (but also the 64(2) procedure in combination with 61(8) and 62(7)) is that SAs that trigger these mechanisms will often not have sufficient information to take a well-informed decision. E.g., when urgency is triggered because the LSA does not respond to a MA request for further information within the legal deadline, the CSA can probably not decide without such information. 

National Issues

National Issues