Concepts
Overview
Issues
Regulation
Concepts PDF

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 12: Decisions other than those named in Article 60 GDPR

In practice, SAs do not only “dismiss” or “reject” cases, but also have other forms of ending a case, such as “amicable resolutions”, “closing” a case without taking any decision, or the need to end a case for procedural or technical reasons (e.g. because parties cease to exist).

The Regulation should ensure that such forms of decisions are regulated and do not undermine the rules in Article 60 GDPR, such as when LSAs simply “close” OSS procedures without investigation or using alternative forms of decisions to not trigger the dispute resolution or redress options under Article 60(3) to (5) or 78 GDPR.

An open formulation for another option – apart from ‘upholding’, ‘rejecting’ or dismissing a complaint – such as “other decision” would ensure that such acts by SAs are still seen as decisions and open to challenge under the existing structure of the GDPR.

Benefits

  • The recognition of other forms of ending a case would ensure that there is no “third way” out of the system of Article 60 to 66 GDPR, which would allow the dispute resolution or redress system of GDPR to be undermined.

Downsides

  • None.