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.

Competence of the SA – GDPR vs ePrivacy

Article(s) involved (national, EU, or other): Art. 77 GDPR, national ePrivacy Law


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.

Reference to specific noyb cases:

Some C-037-… cases (“cookie banners”) in Ireland, Norway for example

National Issues

National Issues