Admissibility – Formal requirements: signature
Article(s) involved (national, EU, or other): Article 77 GDPR
Problem
In some Member States, an electronic mail is enough for validly filing a complaint with a supervisory authority (SA), while in others, the lack of a written signature on paper leads to inadmissibility of the complaint.
Ideal Solution
The procedural provision should mention the minimum formal conditions for filing a complaint with a SA. When met, the complaint should always be deemed admissible.
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 and other SAs may not review the admissability.