Competence of the SA – GDPR vs ePrivacy
Article(s) involved (national, EU, or other): Art. 77 GDPR, national ePrivacy Law
Problem
If a complaint is filed both under the GDPR and the national ePrivacy Law, it is not clear how the different authorities (if they are different) deal with the complaint, who is competent, etc.
Ideal Solution
The matter should be harmonised, stating that both authority can deal with the complaint at the same time, or in cooperation, without obligation to wait for the other authority to deal with the case.
Proposed Solution
Concept 2 would ensure that the national law of the filing SA is relevant for any rules on the admissability of the law. If an SA only has jurisdiction on GDPR, it can reject the ePrivacy element or forward it to the relevant regulator – as forseen in the national law.
