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 – Formal requirement: e-gov solution

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


Some SAs refuse complaints that are not filed via a national e-Gov access system or solution, whereas the complainant might not have the possibility to do so (e.g. because she or he is not a resident or because an organisation is filing under Article 80 GDPR).

Ideal Solution

The new text should oblige SAs to accept complaints without requiring the use of any e-gov access system. Or, as a minimum, the e-gov solutions from other Member States should be accepted throughout the EU (see also eIDAS).

Proposed Solution

Concept 2 would allow to ensure 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.

Reference to specific noyb cases:

Spanish and Polish cases where the SA is asking to use the national e-access.

Reference to EDPB documents / table:

EDPB wishlist, page 7

National Issues

National Issues