The EU Council has published a working document proposing clearer procedural rules for enforcing the General Data Protection Regulation (GDPR) in cross-border cases, aiming to standardise the handling of complaints and define the right to be heard for parties under investigation. The proposals would affect national data protection authorities (DPAs), businesses subject to cross-border investigations, and individuals filing complaints.
The document, dated 10 September 2024, compares the positions of the European Parliament and the Council on a proposed regulation to improve cooperation and dispute resolution mechanisms under GDPR Articles 60 and 65. It highlights areas of potential provisional agreement, focusing on streamlining procedures for cross-border complaints and ensuring consistent application of the right to be heard.
Policy Orientations and Trade-offs
The working document balances efficiency gains against procedural safeguards. Standardising complaint handling could speed up cross-border cases, benefiting businesses by reducing uncertainty and costs. However, it may limit DPAs' discretion, potentially weakening local oversight. Defining the right to be heard more clearly protects investigated parties but could lengthen proceedings if invoked extensively.
Impact on Stakeholders
- National DPAs: Would face more uniform procedures, reducing flexibility but potentially easing cooperation. Lead authorities may gain clearer mandates, while concerned authorities might have less room to diverge.
- Businesses (especially tech firms): Benefit from predictable cross-border enforcement, lowering compliance costs. However, stronger procedural rights could increase legal burdens during investigations.
- Individual complainants: May see faster resolution of cross-border complaints, but standardisation could reduce the ability to influence local DPA priorities.
- EU institutions: The European Parliament and Council must reconcile their positions; provisional agreements on some provisions suggest progress, but key differences remain.
Expected Institutional Follow-up
The working document will inform trilogue negotiations between the Council, European Parliament, and Commission. Once agreed, the regulation will be adopted under the ordinary legislative procedure, requiring formal approval by both co-legislators. Implementation would likely require updates to national procedural laws.