In the past years we have identified more than 60 procedural issues that we have experienced first-hand in daily operations. We have summarized them on the page below. Many of these issues are symptoms of an underlying procedural problem.

Procedural rights – Right to be heard

Article(s) involved (national, EU, or other):


Some SAs only allow submission on the “facts” from the complainant, but not on legal arguments.

Ideal Solution

The text should make clear that the right to be heard of the complainant includes the right to share submissions on the law and the facts in response to the controller’s submissions or the SAs’ (draft) opinion.

Proposed Solution

Concept 2 (applicable law and “leveling up”) should take care of the matter.

Reference to specific noyb cases:

See noyb case C-037-10095: the German SA refused to hear the legal arguments of the complainant.

National Issues

National Issues