Effective procedure – competence of the SA Article(s) involved (national, EU, or other): Problem The absence of deadline regarding whether a SA considers itself competent delays the procedure (by contrast, Article 56(3) GDPR provides that when a case is...
Effective procedure – no deadline for deciding on the admissibility of a complaint Article(s) involved (national, EU, or other): Article 77, 80 GDPR Problem Some SAs do not confirm within a reasonable time whether the complaint filed by an not-for-profit...
Procedural rights – ‘letter’ instead of a decision Article(s) involved (national, EU, or other): Problem Some SAs issue advices or informative letters on the outcome of a complaint instead of a decision. The status of such letters is...
Effective procedure – amicable settlements in the context of the OSS Article(s) involved (national, EU, or other): Problem Having recourse to an amicable settlement should not interfere with the prerogatives of the CSA/LSA in the context of cross-border cases....
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...
