Procedural rights – effects of amicable settlements on the rights of the complainants Article(s) involved (national, EU, or other): Recital 131 GDPR Problem Recital 131 GDPR mentions the possibility for SAs to reach an amicable settlement ; some SAs (and the...
Procedural rights – SAs switching to an ex officio procedure Article(s) involved (national, EU, or other): Problem Some SAs are inclined to suspend or put an end to a complaint procedure and simultaneously open an ex officio procedure aimed at resolving broader...
Procedural rights – obligation for SAs to issue legally attackable decisions Article(s) involved (national, EU, or other): Article 57(1)(f) GDPR and 78(1) and (2) GDPR Problem Some SAs take the view that “handling a complaint” in the sense of...
Remedy against CSA/LSA in the context of the OSS Article(s) involved (national, EU, or other): Articles 77 and 78 GDPR Problem Same as Issue 15 in the context of the OSS. Ideal Solution The text should be specify that, in the context of the OSS mechanism, the right to...
Remedy against SA for not handling complaints with due care Article(s) involved (national, EU, or other): Articles 77 and 78 GDPR Problem SAs sometimes render a decision by which they close a case because they were unable to identify or contact the controller, or...
