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: identification of relevant legal grounds

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


Some SAs refuse a complaint if the legal grounds for such a complaint are not identified.

Ideal Solution

The provisions should prohibit to ask to specify legal grounds as the complainant might not be in a position to identify them and does not have the legal expertise to do so.

Proposed Solution

The formal threshold is not defined in the GDPR. It seems that Concept 2 ensures that the national law of the filing SA is relevant for any rules on the admissability of the law and other SAs may not review the admissability and require such additional elements.

Reference to EDPB documents / table:

see EDPB internal document 6/2000 and EDPB internal document 02/2021 (§57) (cf. the notion of ‘substantiated complaint’ should form a less higher threshold than some SAs expect from complainants).

National Issues

National Issues