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.

EDPB lacks the competence to take well-informed decisions

Article(s) involved (national, EU, or other): Article 65 and 66. 


The EDPB is a decision-making body but lacks any competence to collect information or evidence (striking compared to other EU Agencies with decision-making tasks). The EDPB is highly reliant upon the SAs, and can only hope for a complete file. It can indeed request further information from the SAs but only before the decision-making process is commenced and this information requested shall not be new information for the SAs. Highly problematic, as shown in the EDPB’s first four binding decisions but also in the Meta cases based on noyb’s complaints.

Ideal Solution

Text should allow the EDPB to request information from the SAs also during its decision-making process. Potentially even directly from the parties to the procedure if the SAs are unable to deliver the required information. Inspiration can be drawn from Article 35 of ESMA’s regulation. For this, the Board would need more permanent members, not representatives from national SAs (also with an eye on potential conflicts of interests).  

Proposed Solution

Concepts 7, 8 and 11 should limit this problem.

National Issues

National Issues