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To show that the broader concepts can also be turned into a real-life Regulation we have developed a Draft Regulation.

While it is by no means perfect or final, the draft lays down options for harmonised rules relating to procedural aspects of the cooperation between  supervisory authorities and the enforcement of the GDPR.

Article 31 – Enforcement of fines

Chapter IX – Enforcement decisions

  1. Without prejudice to any other instruments, a lead supervisory authority may request another supervisory authority to enforce a fine under Article 83 GDPR. The supervisory authority shall enforce the fine under applicable national law as if the final decision would be issued by the requested supervisory authority.

  2. Supervisory authorities may not issue a fine for an offense affecting the same conduct for which a respondent has already been fined within the Union.[88]

Article 32 – Enforcement of other remedies

Chapter IX – Enforcement decisions

  1. Without prejudice to any other instruments, a lead supervisory authority may request another supervisory authority to use its corrective powers under Article 58(2) GDPR and national law, if this is necessary to enforce a legally binding decision. Article 61(3) to (9) GDPR apply.

  2. The other supervisory authority may reject request under paragraph 1 if the legal requirements of its Member State for such a corrective power would not be met.

[88] See CJEU case law under the Brussels Regulations, where the CJEU had a broad interpretation of the identity of a case. The Regulation should be aligned with the CJEU case law.