From the list of issues, we have derived sixteen “core concepts”, which can provide solutions via high-level principles and rules.

Ideally, these concepts should be abstract enough to capture many problems, with a simple rule or principle that can be included in various provisions throughout the new Regulation.

When developing these principles, we have actively considered existing mechanisms in EU law, such as instruments in procedural rules, which seem to have many common features with GDPR procedures.

Concept 5: Quicker European decision processes for smaller decisions (e.g. procedural disagreements) via an EDPB sub-body

An option to make more European decision making realistically possible, would be the introduction of a standing sub-committee or other sub-body within the EDPB. Special decision makers appointed by the EDPB could take smaller decisions on behalf of the EDPB.

Such smaller decisions could be procedural matters during ongoing investigations, disputes where there is clear guidelines by the EDPB or disputes where there is clear case law by the CJEU. This could speed up European decision-making and would ensure that  decisions over, for example, smaller procedural disputes, would not require the entire EDPB. The easier access to a quick decision could motivate SAs to use this mechanism, compared to triggering rather complicated reasoned objections before the EDPB. These decisions could be defined as preliminary and only binding on the SAs, to allow the parties of the procedure to challenge such decisions.


  • A quick and easy decision on a European level over smaller disputes or procedural matters could ensure that SAs can solve issues at an early stage, without delaying procedures.
  • If the sub-committee or sub-body is appointed by the EDPB and would act on its behalf, there seems to be no issue with the independence of SAs.


  • There seems to be the need to employ a standing committee of experts in GDPR and procedural matters, which may form part of the EDPB secretariat or be a standing (remotely meeting) group of SA representatives. This may result in some administrative issues.