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 6: Recognition of different sizes of procedures (normal / minor / major)

There is a chance that a European procedure could be too detailed for some minor procedures (e.g. a simple unanswered subject access request). At the same time, short deadlines or simplified decision making may be not take proper account of more complex major procedures. The Regulation could take this into account through a mechanism which declares a procedure “minor” or “major”, allowing deviation from the standard procedure. “Minor” procedures could make certain steps not applicable, major procedure could e.g. allow for more time and allow (especially smaller) SAs to use European resources (e.g. at the EDPB), such as translation services or technical expertise. This could also make it easier for SAs to accept European deadlines for procedures, as they have an option to prolong them for large complex investigations. There would need to be clear requirements for declaring a case to be major/minor, in order to ensure that cases are not, for example, continuously declared “major” to overcome normal deadlines and alike.


  • This differentiation could allow for: strict deadlines in most common cross-country procedures in standard situations; faster and more efficient minor procedures; and more flexibility in complex cases. This would also address likely criticism of any European deadlines, as the “fast track” or “in depth” procedure may allow for more flexible deadlines.


  • The differentiation between procedures adds more complexity.
  • Allowing national SAs to use European / EDPB resources requires them to be expanded.