Effective Procedure – Transparency : SA in charge of informing complainant Article(s) involved (national, EU, or other): Article 60(7), and Articles 77 and 78 GDPR Problem It is unclear which SA is required to provide information to the complainant regarding the...
Effective procedure – transparency : information on the status of the complaint Article(s) involved (national, EU, or other): Articles 77 and 78 GDPR Problem Article 78(2) GDPR provides that SAs must inform the data subject “within three months” on...
Competence of the SA – GDPR vs ePrivacy Article(s) involved (national, EU, or other): Art. 77 GDPR, national ePrivacy Law Problem If a complaint is filed both under the GDPR and the national ePrivacy Law, it is not clear how the different authorities (if they...
Contradictory decisions on admissibility Article(s) involved (national, EU, or other): Article 78(2) and 79(2) GDPR Problem Once the CSA have assessed the admissibility of a complaint, some LSAs make a contradictory assessment and reject the complaint. Ideal Solution...
Admissibility – Limitation period Article(s) involved (national, EU, or other): Article 77 Problem Some complaints are rejected because of a limitation period / statute of limitation. For example, a time limit for introducing the complaint is envisaged in AT and...
Admissibility – Formal requirement: e-gov solution Article(s) involved (national, EU, or other): Article 77 GDPR Problem Some SAs refuse complaints that are not filed via a national e-Gov access system or solution, whereas the complainant might not have the...
