Issues

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 right – Language of the final decision

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

Problem

Sometimes the language of the decision is different from the language of the complaint (especially in Member States with multiple official languages, like in Belgium for example).

Ideal Solution

SAs should stick to the language chosen by the complainant, while respecting further requirements imposed by national rules. If there are several official languages in a Member State, the language of the complaint should define the language of the procedure, without prejudice to the translation of the document for the controllers, if necessary.

Proposed Solution

Concept 2 leads to parties always communicating in the local language of the CSA/LSA they choose.

Reference to specific noyb cases:

noyb 101 complaints lodged in Luxembourg: Complaints in German, decision in French.
noyb complaints in Belgium against Instagram where the Belgian SA communicated in English and French, and shared the decision of the DPC with noyb in an email in English.

National Issues

National Issues