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...
Remedy against an SA for not handling complaints within a reasonable period Article(s) involved (national, EU, or other): Articles 77 and 78 GDPR Problem Article 78(2) GDPR provides that data subjects have the right to an effective remedy against the SA when the...
Remedy against the competent SA for not informing the complainant regularly Article(s) involved (national, EU, or other): Articles 77 and 78 GDPR Problem Article 78(2) is not clear about what can be expected as a judicial remedy when the SA (or the CSA/LSA in the...
Effective procedure – transparency : content of the information to complainants Article(s) involved (national, EU, or other): Article 77 Problem Sometimes the update is not substantial enough for the complainant to understand what has been done or still needs to...
