Effective procedure – differences in confidentiality requirements among SAs Article(s) involved (national, EU, or other): Problem In theory, confidentiality requirements could hinder SAs to exchange relevant information in the IMI system with other SAs or the...
Effective procedure – emergency procedure Article(s) involved (national, EU, or other): Article 61(8), 62(7) and 66 GDPR. Problem The emergency procedure under Article 66 GDPR is rarely used and the possibilities to trigger Article 66 GDPR in cases where urgency...
Effective procedure – SAs have a preference for cooperation via informal workflows in the IMI system Article(s) involved (national, EU, or other): Articles 60, 61 and 62 GDPR. Problem SAs tend to make more often use from informal workflows in the IMI system...
Effective procedure – documentation sharing among SAs Article(s) involved (national, EU, or other): Problem It is unclear what documents the LSA and the CSA must mandatorily share with each other. Ideal Solution The text should specify that all CSAs should be...
Effective procedure – challenging the scope of the investigation as determined by the LSA Article(s) involved (national, EU, or other): Article 60(3) GDPR Problem Many responsibilities rest upon the LSA in the context of the OSS mechanism, and in particular...
Procedural right – challenging the decision designating a LSA Article(s) involved (national, EU, or other): Article 56 GDPR Problem It is currently difficult for the controllers, the complainants or their representative to contest the decision of a SA...
