Admissibility – Substantive requirement: prior request to the controller Article(s) involved (national, EU, or other): Article 77, 80 GDPR Problem Some SAs reject complaints where the data subject has not made a prior request to the controller in the context of...
Admissibility – Substantive requirement: residency of the complainant or other link with the territory of the SA Article(s) involved (national, EU, or other): Article 77, 80 GDPR Problem In some Member States, complaints are considered inadmissible if the...
Admissibility – Formal requirements: proof that the not-for-profit entity is certified Article(s) involved (national, EU, or other): Article 80(1) GDPR Problem Some SAs request additional documentation with regard to the representation of data subjects by...
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...
Concept 16: Defining GDPR terminology, legal assumptions and deadlines Many elements of the GDPR are not defined, such as “mutual assistance”, “rejection”, or the “dismissal” of a case. The new Regulation could increase legal certainty when applying the GDPR, by using...
