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.

Procedural rights – right to be heard at the EDPB level 

Article(s) involved (national, EU, or other):


Rules of Procedure (article 11.2) mentions the right to be heard by the affected parties but the text should be further clarified as to:

  • what is subject to the right to be heard at national level

  • the EDPB should hear the parties again

  • all parties should be heard (complainant and controller)

  • should a hearing take place or just written submission

  • the deadline for the submission is not clear and should be reasonable

Ideal Solution

Both complainant and the controllers must be heard by the EDPB (at least by giving the complainant the possibility to share written submissions).

Access to the entire file of the procedure should be shared with all parties to the complaint procedure at th enational level.

The procedure is not composite and another round of right to be heard shoudl be organised, separate to the one organised at the national level.

Proposed Solution

Concepts 7 to 10 address this issue, mainly by allowing a right to make a submission via the national SA as well as an option of the EDPB to hear the parties directly.

National Issues

National Issues