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 – informing the parties about the consistency mechanism

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


Today, there is no obligation to formally notify the parties that a decision under the consistency mechanism has been submitted to the EDPB.

Ideal Solution

It should be made explicitly clear that the complainant should be informed in all cases that their complaint is sent to the EDPB.
They should be informed on the date, the timeline envisaged, and how their procedural rights will be respected in terms of right to be heard and file access.

Proposed Solution

Concept 8 includes this matter.

Reference to specific noyb cases:

In the complaint on transfers against Facebook, but also in the three complaints against Meta (Instagram, WhatsApp and Facebook), we were not formally informed of the procedure triggered before the EDPB.

National Issues

National Issues